Here is the Motion for Additional Investigative Hours with an attached blank order for HHJP to sign:
http://www.ninthcircuit.org/news/Hi...ion For Additional Hours of Investigation.pdf
Judge Perry said in the Oct 29th Hearing that the Defense must show the Judge how they have already used the investigative hours he gave them, before he will give them more. This motion does not specify how the hours were used.
Originally Posted by QB.
JB asked for 300 more hour at the hearing Oct 29th. JP gave him 60 additional hours instead for the guilt phase investigative cost.
http://www.ninthcircuit.org/news/Hig...er Costs.pdf I recall JP saying he wanted a complete accounting for something before he gave more money or hours - could it be for the penalty phase investigative or mitigation hours because it doesn't specify in the pdf?I'd have to go back and watch the hearing and I'd rather stick pins in my eyes.
Notes from Oct 29th Hearing:
Judge - I already granted in prev Order dealing with this, when Baez argued Motion, they were given time for mitigation expert - told mit expert would be doing portion of penalty phase investigation for mitigation and that was Jeanene Barrett - 384 hours approved.
I assume they exhausted 384 hours?
Finnell - no they have not - I talked to Barrett - used 1/3 to 1/2 of that
has significant number of hours left
trying to put forth total budget - anticipate maximum amt services
she is addressed in para 4 - asked for addl 4 hours
still a lot of work to do - talk to witnesses - extensive number of mitigation witnesses
Judge - how many witnesses?
how many already talked to?
we went through very detailed hearing - counsel asked for 384 hours - I gave them what they asked for - to get addl hours, you need to show me how 384 hours was utilized, and what you need the other addl hours for, before I will extend the count
Finnell - we can do that with miti expert - need Barrett to make a more detailed accounting to me
asking for services of private inv in para 1 - in addition to mit expert
Judge - in state inv given cap of 300 hours
how much utilized
Baez -comletely exhausted - asked for 300 more
may ask for more later on
Judge - to expend tax payer funds, demonstrate how you used it and particularized need for balance of it - some do under seal - not expose work product to State
Baez - to date our inv has done background inv on witnesses, got public records on issues, 2-day process did Equusearch inspection - all day events - intensive follow up 40 % done with TES - we found addl 150 besides 32 - need to follow up - many do not want to get involved - trying process
Judge - only caution - when you are expending tax payer funds - not allow you to go on fishing expeditions - must be particularized needs - not drilling hoping you found oil when no signs of oil
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JAC - private inv not exceed $ 5,000 - court already entertained
Judge- have to show me how utilized it, one instate for $ 300
need to give me accounting of that - use same in state inv
Baez how many left on in state inv
Baez - no more hours left - depleted - need more hours
not just Equu issue or request - great number of witnesses of State
Judge - as soon as you show me how you used the last- I be here all next week - not have Finnell not being able to do anything - start her off with 100 hours for penalty phase
Baez - sidebar with actual records
Judge - Baez give you another 60 hours, see what you do with that
when you get close to running out, have a telephonic hearing, notify JAC