"Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.
Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.
The request states that the evidentiary hearing be "limited to the perpetuation of testimony." "
http://www.theadvertiser.com/articl...sey=tab|topnews|text|FRONTPAGE&nclick_check=1
What does all this mean?
RE: In court, an evidentiary or preliminary hearing is a legal proceeding in which the prosecutor of a criminal case outlines the evidence warranting the arrest of the defendant. The purpose of the hearing is to prevent a long detainment of a defendant if the charges are unfounded. In the preliminary hearing, the prosecutor must prove that a crime occurred within the jurisdiction of the court and that there is enough evidence to suggest to a reasonable person that the defendant committed the crime.
'Thanx for sharing the link, MonkeyShine'..
I was with the understanding that the evidentiary/preliminary hearing was circumvented by the Grand Jury indictment.. But what do we mere laymen know?
Maybe one of the local lawyers will weigh in with their thoughts..
It allows the defense to hear what the prosecution has as the basis for their case.
It could be as some have suggested that BSL confessed that he hit Mickey accidentally and then buried her because he was afraid his past would convict him. He then told LE where to find Mickey.
If this is what happened, a trial would proceed as usual. It is also possible that BSL will plead guilty because that also happens at evidentiary hearings.