I at first felt this way, that the prosecution wasn't ready, especially considering Fred's Case was dismissed and yet 4 months later there is a 5 day search on her property.
But in analyzing the State's Motion for a Trial Continuance it seems abundantly clear ( to me) that Rita's attorney instigated a trial diversion tactic to get the upper hand. It didn't work.
Evidently Judge Deering allowed the prosecution to argue it's Case this morning and then agreed to give the prosecution more time.
Perhaps the new hearing, scheduled 2 weeks from today, will allow Judge Deering to see if the prosecution is ready for trial so he can set the date, and also to argue a Motion against the 3 witnesses testifying.
If Rita doesn't plea and Deering doesn't dismiss her charges, I see no reason what-so-ever that we won't be seeing a trial.
According to the State Rita's attorney, Franklin Gerlach, dumped 198
files and 3 surprise witnesses on the prosecution 4 days before trial.
Gerlach's excuse is that they don't plan to use the file documents in the trial, that QUOTE:
"
The 'Daily Files' (Bruce Daily)
material was never intended to be introduced at trial but merely used to help the witness refresh his memory if nessasary."
Do you see how ridiculous this is? The defense says the documents won't be brought up in trial yet Mr. Daily is going to use them in his testimony!
This is an attorney who talks in circles to muddy the waters of truth..Let's confuse the jury into an acquittal..
Of course the defense did not address the 3 surprise witnesses foisted on the prosecution and the prosecution's inability to have time to prepare a Motion to object to their testimony.
Bottom line, Judge Deering is not allowing the defense's ambush to continue. He is allowing the prosecution, in the interest of justice, to have more time to analyze this new evidence and to have time to file their Motion to exclude these 3 witnesses from testifying.
....2 Cents....