I don’t get why so many people here on WS are cutting the DA and prosecuting attorneys so much slack when it comes to assigning blame on why SM will not be getting justice this month. Instead you are blaming the judge and the defense team for BM walking.
I think most people here agree, this case is circumstantial and much, if not most of the evidence is complicated, circumstantial evidence that needs explaining by expert witnesses. IMO that includes DA’s and prosecutors, since they had the case dismissed when said witnesses were not allowed to testify as experts.
I’m not an attorney, but I have done a lot of projects with deadlines. I did not miss many cornerstone deadlines and never missed the extended then extended again, cornerstone deadline. If I was the prosecutor, I would not have missed the experts reports and CVs being turned over to the defense on feb 14th 2022, the first deadline.
If somehow I forgot, I think when the judge allowed me until Feb 28th with the admonitions that “(1) the court “in no way, condones the People’s behavior” and (2) it “will not entertain any further extensions to the People’s expert disclosure deadlines.”, I’m positive, as the experts were a cornerstone of the case, I would not have missed this second deadline on 12 of my 14 expert witnesses.
However if somehow I did and the judge gave me one more day, I’d at least got in some of the CVs, if not all 12 missing.
If I was the judge at that point, I would think the experts must not be that important to the case, since apparently, by their actions, the DA’s office and prosecuting attorneys did not act like the expert witnesses were important. The blame, IMO, lies totally with the DA’s office and prosecuting attorneys.
dates and quotes from Judge Refuses to Dismiss Murder Case Against Against Barry Morphew Despite State's 'Obvious and Egregious Violation' Regarding DNA Evidence
page 14 and 15 of the
CO v Barry Morphew - MTD March 9, 2022 pdf on that page.
the rest is MOO
I think most people here agree, this case is circumstantial and much, if not most of the evidence is complicated, circumstantial evidence that needs explaining by expert witnesses. IMO that includes DA’s and prosecutors, since they had the case dismissed when said witnesses were not allowed to testify as experts.
I’m not an attorney, but I have done a lot of projects with deadlines. I did not miss many cornerstone deadlines and never missed the extended then extended again, cornerstone deadline. If I was the prosecutor, I would not have missed the experts reports and CVs being turned over to the defense on feb 14th 2022, the first deadline.
If somehow I forgot, I think when the judge allowed me until Feb 28th with the admonitions that “(1) the court “in no way, condones the People’s behavior” and (2) it “will not entertain any further extensions to the People’s expert disclosure deadlines.”, I’m positive, as the experts were a cornerstone of the case, I would not have missed this second deadline on 12 of my 14 expert witnesses.
However if somehow I did and the judge gave me one more day, I’d at least got in some of the CVs, if not all 12 missing.
If I was the judge at that point, I would think the experts must not be that important to the case, since apparently, by their actions, the DA’s office and prosecuting attorneys did not act like the expert witnesses were important. The blame, IMO, lies totally with the DA’s office and prosecuting attorneys.
dates and quotes from Judge Refuses to Dismiss Murder Case Against Against Barry Morphew Despite State's 'Obvious and Egregious Violation' Regarding DNA Evidence
page 14 and 15 of the
CO v Barry Morphew - MTD March 9, 2022 pdf on that page.
the rest is MOO