Bob Bashara must give writing samples without attorney present, judge says
April 19, 2012
Only murder suspect Bob Bashara and investigators will be there when Bashara gives court-ordered handwriting samples and signatures as part of the investigation into his wife's slaying, a Wayne County Circuit judge ruled Wednesday.
Defense attorney David Griem argued that he or a representative should be on hand
when Bashara gives dozens of writing samples and signatures for comparison with an envelope, a check, a greeting card, a card attached to flowers and a letter.
But Presiding Judge Timothy Kenny said Bashara has not been charged with a crime and his lawyer has "no legal right to peer over the shoulder of the investigators." The writing examples, like a blood sample or voice identification, "is not a critical stage" that requires a lawyer's presence, Kenny said.
Courts protect rights but leave the detective work to police, he said. It's not clear what role the writing samples have in the murder investigation.
"This court does not run or supervise investigations," Kenny told Griem and assistant Wayne County prosecutors Lisa Lindsey and Rob Moran...
More at the Source:
http://www.freep.com/article/201204...g-samples-without-attorney-present-judge-says
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Judge rules against Bashara request to have lawyer present for writing sample
By Mitch Hotts
[email protected]
Posted: 04/19/12 12:01 am
Updated: 04/19/12 12:32 am
...Presiding Judge Timothy Kenny denied a motion by defense attorney David Griem to be there when Bashara gives a sample of his handwriting because he hasn’t yet been charged with a crime and therefore doesn’t have the legal right to have counsel present
Kenny said Bashara does not “have the right to peer over the shoulder of the investigators during the investigation.” He went on to say that would also apply to a blood draw, voice identification or signature samples.
“The issue is not whether to keep Griem out, but whether he can be present while the police carry on their investigation,” the judge continued. “The answer is no.”
Griem said
he would not appeal the ruling because “this is just one battle. Most likely, there is a war to be fought here.” He said Bashara had already agreed to provide the handwriting sample, but prosecutors would not first let the defense see the documents in question that his writing would be compared to. Prosecutors reportedly want to verify Bashara’s signature on a check, a letter and a greeting card they confiscated. The check is believed to have been a payment made from Bashara to handyman Joe Gentz, while the card allegedly was addressed to Rachel Gillette, a female companion of Bashara.
...
“They had to go to a dog-and-pony show and today it looks like the dog lost and the pony won,” Griem said.
While waiting for an elevator in the hallway, Bashara said he
didn’t consider the judge’s decision a setback.
“I wouldn’t say that at all,” he said without elaborating.
In response to reporters’ questions, Bashara said his
children are “doing fine.” Asked if he felt he still has the support of his family and friends, Bashara answered,
“Absolutely I do.”
The entire story is at the Source:
http://macombdaily.com/article/2012...r-present-for-writing-sample&pager=full_story
