Mustang Sally
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pdated: 2:28 PM Nov 19, 2010
[UPDATE] Gary Michael Hilton Trial
Attorneys for WCTV and the Tallahassee Democrat are in court this morning (Nov. 19) arguing that a hearing regarding the upcoming transport and testing of accused killer Gary Michael Hilton not be held behind closed doors.
Posted: 9:42 AM Nov 19, 2010
Reporter: Julie Montanaro, Lanetra Bennett
Email Address: julie.montanaro@wctv.tv, lanetra.bennett@wctv.tvUPDATED 11.19.2010 9:45 am by JULIE Montanaro
LCSO LT Tim Baxter is one of the deputies who transported Hilton from Georgia to Tallahassee back in 2008. He testified that three deputies rode in the car with Hilton that day and there was another patrol car in front of them and two more behind them.
He testified that the route and one rest break were planned in advance. He testified that Hilton wore handcuffs, leg chains and a belly chain during the ride and that Hilton made no threats and no attempt to escape.
The sergeant who supervises Hilton's cell at the jail called him a model inmate but testified that he is on confinement status, which is reserved for high risk status. That means he is in a cell alone and is allowed out for just one hour a day. He testified that Hilton is checked every 30 minutes and spends his day sleeping and reading.
Prosecutor Georgia Cappleman contends transporting Hilton would be" a great expense and a great burden" and remains a risk to the public.
The judge ordered the prosecutor, defense attorney and a representative from the LCSO to evaluate the options and come up with a plan to transport Hilton for this testing. The judge said the plan should be ready the week after Thanksgiving.
__________________________________
UPDATED 11.19.2010 9:10 am by JULIE Montanaro
Attorneys for WCTV and the Tallahassee Democrat are in court this morning arguing that a hearing regarding the upcoming transport and testing of accused killer Gary Michael Hilton not be held behind closed doors.
Hilton's attorneys want to take him to Gainesville for medical tests in advance of his upcoming trial.
Judge James Hankinson ruled the location of the testing should be made public but the date and time will remain sealed.
Attorneys are now arguing over whether Hilton should be transported or whether those tests can be done closer to home.
Hilton's attorney says she has contacted many medical facilities in Florida and there is no closer medical facility that can accommodate him for these tests.
Stay with WCTV.tv for updates.
________________________________________________
UPDATED 11.10.2010 6:35pm by Julie Montanaro
Accused killer Gary Michael Hilton is once again at the center of some courtroom controversy.
Hilton - who is accused of kidnapping and killing Cheryl Dunlap in 2007 - is scheduled to undergo some mental health tests down in Gainesville and that request is raising eyebrows.
The state attorney questions the necessity of the trip and the security concerns it raises.
Gary Michael Hilton is scheduled to stand trial in January. His attorneys now want the judge to grant permission for Hilton to be transported to Gainesville for some tests saying they must explore all the possibilities as the ready for trial.
"I think we're entitled to prepare our defense and present everything possible in his defense and this is part of what we do," said defense attorney Ines Suber.
Yet state attorney Willie Meggs questions whether those same tests can be performed in Tallahassee. He also has the sheriff and members of the swat team ready to testify about the security risks that kind of road trip would pose.
"We don't object to him being tested,"we're just trying to get the court fully informed as to the issues pertaining to the transport of an inmate."
Defense attorney Ines Suber points out that Coy Evans, who was ultimately convicted of killing a Tallahassee Police Officer, was transported to Jacksonville without any hulabaloo or any trouble.
"I think it's an argument just because it is Mr. Hilton, which is kind of getting me concerned that he is being treated differently," Suber said after the hearing.
"Her contention is that you're treating him differently,"we said to the sheriff.
"Well yes, he's an extremely dangerous man. He's the most dangerous man in the Leon County Jail. I'm going to treat him very carefully."
The defense asked that the hearing be closed to the press given the mental health aspects of this. The judge didn't do that, instead he said he would schedule arguments on the transport issue next week to give the press time to make any objections to a closed door proceeding.
So we may have a decision on this doctor visit next week.
Defense attorney Ines Suber declined to say whether Hilton has already undergone any psychiatric tests. Court records do not show any evaluation orders, but keep in mind, the bulk of documents and evidence in this case are sealed and off limits to the public. That was done to try to ensure Hilton get a fair trial.
http://www.wctv.tv/home/headlines/Hilton_Trial_Could_be_Delayed_Again_104361813.html
[UPDATE] Gary Michael Hilton Trial
Attorneys for WCTV and the Tallahassee Democrat are in court this morning (Nov. 19) arguing that a hearing regarding the upcoming transport and testing of accused killer Gary Michael Hilton not be held behind closed doors.
Posted: 9:42 AM Nov 19, 2010
Reporter: Julie Montanaro, Lanetra Bennett
Email Address: julie.montanaro@wctv.tv, lanetra.bennett@wctv.tvUPDATED 11.19.2010 9:45 am by JULIE Montanaro
LCSO LT Tim Baxter is one of the deputies who transported Hilton from Georgia to Tallahassee back in 2008. He testified that three deputies rode in the car with Hilton that day and there was another patrol car in front of them and two more behind them.
He testified that the route and one rest break were planned in advance. He testified that Hilton wore handcuffs, leg chains and a belly chain during the ride and that Hilton made no threats and no attempt to escape.
The sergeant who supervises Hilton's cell at the jail called him a model inmate but testified that he is on confinement status, which is reserved for high risk status. That means he is in a cell alone and is allowed out for just one hour a day. He testified that Hilton is checked every 30 minutes and spends his day sleeping and reading.
Prosecutor Georgia Cappleman contends transporting Hilton would be" a great expense and a great burden" and remains a risk to the public.
The judge ordered the prosecutor, defense attorney and a representative from the LCSO to evaluate the options and come up with a plan to transport Hilton for this testing. The judge said the plan should be ready the week after Thanksgiving.
__________________________________
UPDATED 11.19.2010 9:10 am by JULIE Montanaro
Attorneys for WCTV and the Tallahassee Democrat are in court this morning arguing that a hearing regarding the upcoming transport and testing of accused killer Gary Michael Hilton not be held behind closed doors.
Hilton's attorneys want to take him to Gainesville for medical tests in advance of his upcoming trial.
Judge James Hankinson ruled the location of the testing should be made public but the date and time will remain sealed.
Attorneys are now arguing over whether Hilton should be transported or whether those tests can be done closer to home.
Hilton's attorney says she has contacted many medical facilities in Florida and there is no closer medical facility that can accommodate him for these tests.
Stay with WCTV.tv for updates.
________________________________________________
UPDATED 11.10.2010 6:35pm by Julie Montanaro
Accused killer Gary Michael Hilton is once again at the center of some courtroom controversy.
Hilton - who is accused of kidnapping and killing Cheryl Dunlap in 2007 - is scheduled to undergo some mental health tests down in Gainesville and that request is raising eyebrows.
The state attorney questions the necessity of the trip and the security concerns it raises.
Gary Michael Hilton is scheduled to stand trial in January. His attorneys now want the judge to grant permission for Hilton to be transported to Gainesville for some tests saying they must explore all the possibilities as the ready for trial.
"I think we're entitled to prepare our defense and present everything possible in his defense and this is part of what we do," said defense attorney Ines Suber.
Yet state attorney Willie Meggs questions whether those same tests can be performed in Tallahassee. He also has the sheriff and members of the swat team ready to testify about the security risks that kind of road trip would pose.
"We don't object to him being tested,"we're just trying to get the court fully informed as to the issues pertaining to the transport of an inmate."
Defense attorney Ines Suber points out that Coy Evans, who was ultimately convicted of killing a Tallahassee Police Officer, was transported to Jacksonville without any hulabaloo or any trouble.
"I think it's an argument just because it is Mr. Hilton, which is kind of getting me concerned that he is being treated differently," Suber said after the hearing.
"Her contention is that you're treating him differently,"we said to the sheriff.
"Well yes, he's an extremely dangerous man. He's the most dangerous man in the Leon County Jail. I'm going to treat him very carefully."
The defense asked that the hearing be closed to the press given the mental health aspects of this. The judge didn't do that, instead he said he would schedule arguments on the transport issue next week to give the press time to make any objections to a closed door proceeding.
So we may have a decision on this doctor visit next week.
Defense attorney Ines Suber declined to say whether Hilton has already undergone any psychiatric tests. Court records do not show any evaluation orders, but keep in mind, the bulk of documents and evidence in this case are sealed and off limits to the public. That was done to try to ensure Hilton get a fair trial.
http://www.wctv.tv/home/headlines/Hilton_Trial_Could_be_Delayed_Again_104361813.html
