The state has tried repeatedly to discredit defense evidence rather than address its substance. This latest move is no different. It’s posturing. Unless they can show that the accident reconstruction was secretly paid for or otherwise employed by the defense (which they haven’t), this is yet another procedural slap fight from Hank. MOO.
I just watched the entire hearing. Unbelievable that this judge is ordering ARCA to be there Friday for a voir dire. Brennan speculates about text messages from a year ago where there was never any order to retain. Emails have already been provided. Intentional discovery violation? How?
DOJ had to release ARCA before defense could retain them. That happened end of Jan I believe. CW provided some sort of final report from Aperture ( their expert) on 24th March. Moo
Defense complied with this judge's order of one week ago and provided everything that existed (as detailed in the order) on Friday last week. They had two days to do it. That's how Brennan knows the number of text messages. Because defense was able to provide a list. Last year Jackson recounted one of these logistical texts to the Court. CW already has emails and there was never an order to retain text messages from a year ago. This has happened because the judge chooses to entertain Brennan's speculative, non- evidentiary based motion. Moo
So how is this fair? There is day 2 and 3 of the trial coming up right now. Then on Friday ARCA will have to fly in after being summarily supeonaed to appear for the day. So fair and proper for the defense and their experts that this all happens without adequate notice, whilst defense are in the opening days of trial. Moo
This judge gave no reasoning at all from the bench for her decision. She hurried Alessi along, when this was a non-written, oral motion suddenly sprung by the CW today. So fair and just right? . An oral, non-evidenced, purely speculative motion sprung today on the defense.
Yes, Brennan wants ARCA out via moo, a trumped up discovery violation. He thinks the defense should not be able to retain experts of their choosing. He blames the defense because they chose to wait for ARCA to be released by the DOJ. This is unjust. He didn't makes his own expert's final report available until March this year. Moo
It anyone thinks the decision by this judge to force an unexpected voir dire on ARCA in three days time is not going to unfairly impact the defense, then imo they are advocating that it is acceptable for the non -evidentiary speculation of a hired attorney of the cw to form the basis of a motion. A motion which when heard and granted results in unjust prejudice to the defense. Moo.