U.S. v. Joseph Price, Dylan Ward, Victor Zaborsky April 24, 2009
We’re a week away from the next status hearing on the criminal case against the Swann Street roommates. To understand what may be on next Friday’s agenda, the transcript from the April 24th hearing should provide some indication.
A 40-page read covers the 45 minute hearing, all except for a 5 minute ex parte chat between Judge Frederick Weisberg and the defense teams.
April’s hearing concerned the missing Blackberry and the unsent emails, DNA testing that remains to be conducted, what constitutes a conspiracy, whether Michael Price had a key to 1509, and the relaxing of release conditions.
“I would like a pleading by the (May) 15th not to exceed ten pages on each side that tells me — that identifies the remaining discovery disputes and the authorities each side claims in support of their positions that it either is or is not discoverable…
And I hope the list is down to a managable number… and I’m limiting that to Rule 16 discovery, not Brady discovery. If there are Brady issues, we have to litigate that seperately I guess.”
Some may find pages 32 & 37 heartening; Judge Weisberg talks about setting a trial date.
“And I’m — I’m ready at any time to set a trial date by the way, but I think the Innocence Protection Act (IPA) and testing of biological material really needs to happen first as we discussed at the last hearing, and I’m not sure we’re ready to do that until the next hearing….
But – it’s a question of whether this (IPA) is preventing us from setting a timely trial date which I really don’t want to lose sight of.”
What exactly does timely mean after almost three years?
The next status hearing is at 2:00pm on Friday, May 22. Room 318 of the Moultrie Courthouse fills up fast so get there early.
And a homework assignment for the law jocks: Walk us through the differences between Rule 16 and Brady discovery? Wiki has this, but what might be Brady material in this case?
For those who’s PCs can’t handle Scribd, the transcript is here.