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http://www.abqjournal.com/main/211547/news/proceedings-on-hold-in-levi-chavez.html
By Jeff Proctor / Journal Staff Writer on Mon, Jun 17, 2013
POSTED: 10:57 am
11:17 a.m.
Judge George P. Eichwald has ordered Richard Farrelly, the state insurance fraud agent who investigated the disappearance of Levi Chavez’s truck in 2007, to turn over 5 boxes of documents related to his investigation. The court, between today and tomorrow, will review all of the documents from those boxes and decide whether any of it should be turned over to attorney David Serna, who is representing Levi Chavez in the murder trial that began last week.
Eichwald also has issued an order to show cause on attorney Brad Hall, who is representing the family of Tera Chavez in a wrongful death lawsuit against Levi Chavez. Hall will have to appear at a hearing tomorrow morning to explain why he shouldn’t be ordered to turn over all documents he assembled in the course of civil litigation.
Eichwald said he had, “grave concerns” about whether “anyone bothered to subpoena Brad Hall’s entire file.”
“My problem is that it appears some information is being filtered through the civil attorney,” Eichwald said.
– Check back for additional comments from civil attorney Brad Hall.
10:56 a.m.
The jury has been sent home in the murder trial of former Albuquerque police officer Levi Chavez while his defense attorney prepares to argue that key pieces of evidence have been withheld from him.
Court is in recess at this hour and prosecutors appear to be planning their strategy to argue a proposed motion from Chavez’s defense attorney David Serna. In the proposed motion, Serna asks state district judge George P. Eichwald to order Richard Farrelly, an investigator with the state Insurance Fraud Bureau, to “Produce forthwith the five boxes of materials he has concerning the Levi Chavez case..”
Serna’s proposed motion also asks Eichwald to order Albuquerque civil rights attorney Brad Hall to “Produce forthwith any and all other materials, or information, tangible or intangible, which directly or indirectly touch upon the issues, Levi Chavez, any and all witness and potential witnesses, regarding the charges currently pending against Levi Chavez in this case.”
In response to news of Eichwald’s proposed motion, Hall said, “I haven’t seen any of this or heard about any of this but I do know that the criminal defense has had, and has had access to, everything we’ve had, and they appear at this point to be playing litigation games.”
“I’m not involved in the criminal case, but my office has turned over everything, to everybody, multiple times,” Hall said. “Levi Chavez’s criminal lawyer entered an appearance in the civil case and was deeply involved in that process.”
By Jeff Proctor / Journal Staff Writer on Mon, Jun 17, 2013
POSTED: 10:57 am
11:17 a.m.
Judge George P. Eichwald has ordered Richard Farrelly, the state insurance fraud agent who investigated the disappearance of Levi Chavez’s truck in 2007, to turn over 5 boxes of documents related to his investigation. The court, between today and tomorrow, will review all of the documents from those boxes and decide whether any of it should be turned over to attorney David Serna, who is representing Levi Chavez in the murder trial that began last week.
Eichwald also has issued an order to show cause on attorney Brad Hall, who is representing the family of Tera Chavez in a wrongful death lawsuit against Levi Chavez. Hall will have to appear at a hearing tomorrow morning to explain why he shouldn’t be ordered to turn over all documents he assembled in the course of civil litigation.
Eichwald said he had, “grave concerns” about whether “anyone bothered to subpoena Brad Hall’s entire file.”
“My problem is that it appears some information is being filtered through the civil attorney,” Eichwald said.
– Check back for additional comments from civil attorney Brad Hall.
10:56 a.m.
The jury has been sent home in the murder trial of former Albuquerque police officer Levi Chavez while his defense attorney prepares to argue that key pieces of evidence have been withheld from him.
Court is in recess at this hour and prosecutors appear to be planning their strategy to argue a proposed motion from Chavez’s defense attorney David Serna. In the proposed motion, Serna asks state district judge George P. Eichwald to order Richard Farrelly, an investigator with the state Insurance Fraud Bureau, to “Produce forthwith the five boxes of materials he has concerning the Levi Chavez case..”
Serna’s proposed motion also asks Eichwald to order Albuquerque civil rights attorney Brad Hall to “Produce forthwith any and all other materials, or information, tangible or intangible, which directly or indirectly touch upon the issues, Levi Chavez, any and all witness and potential witnesses, regarding the charges currently pending against Levi Chavez in this case.”
In response to news of Eichwald’s proposed motion, Hall said, “I haven’t seen any of this or heard about any of this but I do know that the criminal defense has had, and has had access to, everything we’ve had, and they appear at this point to be playing litigation games.”
“I’m not involved in the criminal case, but my office has turned over everything, to everybody, multiple times,” Hall said. “Levi Chavez’s criminal lawyer entered an appearance in the civil case and was deeply involved in that process.”