You can watch here. I’ll be covering the hearing in the comments. We shall see if any progress has been made resolving discovery issues.
See you there.
No posts
You can watch here. I’ll be covering the hearing in the comments. We shall see if any progress has been made resolving discovery issues.
See you there.
No posts
The binder of discovery has been produced! Nathan Evershed, professional.
Leah Aston says he produced it quickly. Yesterday at noon, a large file was delivered electronically and she has not had time to review it.
Judge Griffin says BIG MOVEMENT in discovery. He asks Evershed if that's all discovery, Evershed says full disclosure, they were provided a flash drive yesterday, so that flash drive is outstanding, will process it and provide it next week. They have gone to DCFS, UCAO, UCSO, to provide everything they can provide.
Judge Griffin is appreciative of Nathan Evershed's efforts. We are all appreciative, as it moves us closer to a trial.
Motion for change of venue is the next matter. Judge Griffin wants to know if they want oral argument, and he has spoken to Judge Poulan (sp?) about another capital murder case, and Presiding Judge Brady and another judge, just to see if they had ever seen a case transferred to another district and jurors pulled from another district or county. No one has. No one was familiar with the rule for that eventuality.
Aston says it was adequately briefed, not requesting additional oral arguments. Nathan Evershed says they have time and space to set for oral argument because there is no preliminary hearing set or trial date set. No additional briefing needed, but setting it for oral argument is appropriate. Judge Griffin cites September 2, but the attorneys say the preliminary hearing was stricken due to the inability to get discovery resolved. That calendar date may be repurposed for oral arguments on the motion to change of venue, but a jury trial was scheduled that day. It needs to be moved to another date.
Judge Griffin says he received a stipulated sealed record of witnesses, but he is a transplant to the community, only recognized some of the names. He's disclosing that for full transparency.
October 1st at 10:30 is the first proposed date for oral arguments on the motion to change venue. Judge Griffin says if he denies the motion, the case moves forward to a preliminary hearing. If he grants the motion, it goes lock, stock, and barrel, to a new judge in the Third District and he would not follow it. Evershed says we have to get the case moving. October 1st at 10:30 a.m. it is.
Judge Griffin says reach out if there is another issue with discovery, open door policy for everybody. There is nothing else. Hearing concludes.
Four minutes late, Leah Aston appears. David Lee Hamblin is nowhere to be seen.