I cannot wait to see how the Pattis deposition on the source of his funding for the FD defense goes in Civil Court. I wonder if he will answer or even whether he might involk his 5th Amd. rights?
Can Pattis do this and not risk penalties or fines or censure? Pattis can also keep filing responses as to scheduling issues to delay too I suppose but at a certain point I would think the Judge will get fed up as the trial date is still on for December.
IDK.
MOO
There is a process to it. If Pattis refuses to provide answers the requested discovery, Mr. Weinstein will file a motion to get the issue back before the court on an order to show cause (that is the typical motion filed). The parties will make argue their legal positions (again) and IMO the court will order Mr. Pattis to answer the questions or face an order of civil contempt. If he continues to refuse to answer the questions or provide the documents sought, he will be ordered to pay a daily penalty for noncompliance, of such amount to force compliance. Under some circumstances, civil contempt can lead to being jailed until compliance.
In most states, however, Pattis will have the right to take an immediate appeal of this contempt order to the court of appeal, even though the case is not over. This is because questions of attorney client privilege are deemed of sufficient importance as to permit an immediate appeal in these circumstances. That appeal will slow the process down, but it shouldn't slow it down too much. Again, in most states, the appellate court would fast track this type of appeal.
An appeal is not a trial, and the only evidence considered is that which is in the written record on appeal. Arguments are submitted via written briefs and the court may order oral argument. There are no juries and no witnesses, just 3 judges who do not re-decide the facts. Each side usually gets 15-20 minutes to argue. Opinions are based strictly on legal precedent or newly decided legal doctrine. and are issued some time after argument. The issue of whether Pattis must disclose his fee and where it came from is not a new one. If an appeal is taken, I don't think the court is going to want to color outside the lines, but you never know.
Pattis threatened to appeal the gag order, but I have seen no indication that he has done so. This latest issue might be different for him, though, because it hits him in the pocketbook and he is not going to want the amount of his fee made public. If he were a better tactician, he would have diffused this situation weeks ago by entering into some type of confidential agreement, but I do not believe the word 'confidential' is in his vocabulary.
Dulos' claim that he doesn't know how much Pattis is getting paid or even who is paying his fee is absurd. No one, and I mean no one, fails to have that knowledge in this type of situation. It defies common sense to believe his claim, and is just one more example of Dulos not being as slick as he thinks he is. He knows the circumstances of Pattis' payment will lead to the money trail, and that is why he has lied under oath about it. This is one more example of his contemptuous disregard for the truth.
Given the posture of this case, I expect Mr. Pattis will find no relief from the appellate court, and will either answer the questions of be held in contempt. This process make take a few weeks or even a month, but Weinstein is going to get this information IMO.