Jurisprudence
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Counsel Mark Leeman said before the SCOIN that it was part of the defense strategy to file for Speedy Trial right before the Nov 1st date when all DISCOVERY had to be in. The tactic was to hold off until the very last minute before springing it on the prosecution to catch them off their guard and …(that way they make sure there wont be anything new in the DISCOVERY that could catch the defense off guard that would make it not in R.A.’s best interest to pursue their speedy trial strategy - MOO).
Speedy trial was mentioned in many filings. The defense made the court aware in October that a ST demand would be filed, and that's when things went completely off the rails imo. The state wasn't ready imo and the defense had to stopped. Imoo, Gull did the honors and gave NM quite the assist, never thinking this would be challenged. jmo
Relator's Brief is easiest to cite because it cites the record.
P. 7 Rick also signed a motion for speedy trial, which Rick’s attorneys planned to file in early November to lock in the January trial date. [R2, 37]. During a telephone conference with the court in early October 2023, Rick’s attorneys informed the court that they were ready to proceed to trial in January. [R2, 37]. [The Frank's motion was filed prior to this disclosure (in September)].
P. 12 The day before a hearing scheduled on October 31, 2023, Attorneys Baldwin and Rozzi entered their appearances as Allen’s retained counsel. [R2, 16-19]. In their appearances, Baldwin and Rozzi reasserted their belief that they were improperly removed as counsel of record, and that they were now entering their appearances as private counsel in order to protect Allen’s constitutional rights to a fair and speedy trial and to honor his Fourth, Fifth and Sixth Amendment Rights. [R2, 16-19].
P. 17 Rick ... intended to file a speedy trial request in early November. [R2, 37]. But the judge kicked them out of the case, rejected their appearance, and struck their pleadings.
Interestingly in September, the court and state, if they read it, were under the impression that ST was not an imminent threat. From Franks (above) P. 23, FN 16, "...This is the reason that the Defense tactically decided to keep its knowledge to itself rather than reveal that knowledge in open court at the hearing. Unified Command and the prosecution’s hiding of exculpatory evidence is even more angering because difficult strategic decisions could have been avoided had McCleland offered the exculpatory documents sooner. Perhaps, then, Rick would have filed for speedy trial or would have been removed from Westville as the Defense would have been able to more fully inform the Court about the facts of the case."