Motion Sickness

Getting Ready for Friday’s Status Hearing

Nearly four months have passed since last we saw the Swann Street defendants in court.  The summer has fled, and this Friday’s forecast calls for gray skies, suits and expressions.

Moultrie Courthouse

Moultrie Courthouse

The headline from the last hearing (May 22) was of course the trial date being set.  The other big news was agreement between sides on the independent testing of items: a bloody knife, towel and clothing recovered at 1509, and the DNA swabs from the autopsy.

Judge Weisberg’s order reflected his concerns about the small amount of biological material remaining; namely just what can be obtained from the the last remaining 3cc’s of Robert’s blood:

“…defendants’ counsel shall instruct the laboratory…  to make every effort not to consume the entirety of any trace evidence… (or) conduct any analysis that will consume the entire sample of any trace evidence without first informing defense counsel, who shall in turn inform counsel for the government before any such testing is conducted…”

The defense strategy may rest upon those test results;  certainly from the full autopsy report according to a guest we hosted last week.  “Themis” was in town and joined us for dinner, lively discussion and a tour of the Swann Street ‘hood.  She further impressed us with her legal knowledge and desire to see justice in this case.  In the vernacular: she’s a heck of a dame.

“Themis” sees this case through then lens of an experienced defense attorney, knowing where to thrust and parry and where Kirschner might be the weakest.We’ll file a full report on the field trip later but she had warnings on what to expect in the coming months: a flurry of motions from the defense team.

What transpires at this Friday’s hearing is uncertain.  Will we learn of any test results?  The list of discovery issues seem to have been settled, so what’s left?

“Themis” warned of motions to suppress.  What form they take and what they encompass we didn’t have time to talk about; it was a school night after all.  We’ll get to that as they crop up, perhaps this week and certainly in the out months.

After touring Swann Street we hailed a cab for our guest and her escort and bid them farewell.  We walked home with more ideas and far more questions.  Having her among our in-house counsel is a gift.

We last left Price, Ward and Zaborsky just as summer was getting started, Memorial Day weekend.  And now it’s almost fall.

The legal process does seem like slow motion, but spring will be here before we know it.

Coming up:  The wmrw.com Book Editor checks in with his first offering…  Friday’s hearing to feature gavel-to-gavel coverage.

Craig

8 comments for “Motion Sickness

  1. Clio
    09/08/2009 at 3:41 PM

    Cheers to my fellow goddess, Themis! Women — both divine and mortal — hold the key to this case’s resolution: Victor and Sarah, take note!

  2. Clio
    09/08/2009 at 3:41 PM

    Cheers to my fellow goddess, Themis! Women — both divine and mortal — hold the key to this case’s resolution: Victor and Sarah, take note!

  3. corgivet
    09/09/2009 at 1:34 PM

    Are dramamine patches going to be handed out?

  4. corgivet
    09/09/2009 at 1:34 PM

    Are dramamine patches going to be handed out?

  5. Clio
    09/09/2009 at 3:33 PM

    “Suppress” is what the perps should have done to the very, very first thought of this crime!

    If they have absolutely nothing to hide, then why would they want to “suppress” anything?

    • Bea
      09/09/2009 at 7:44 PM

      As Themis will confirm, Motions to Suppress are nearly always filed on criminal defendants’ behalf, whether they’re guilty or not. It may well be frustrating to all of us, but standard course in criminal trial (and civil trials for that matter, though by the name Motion in Limine). Whether they’re granted is another thing entirely. That’s what we have to be concerned with.

  6. Clio
    09/09/2009 at 3:33 PM

    “Suppress” is what the perps should have done to the very, very first thought of this crime!

    If they have absolutely nothing to hide, then why would they want to “suppress” anything?

    • Bea
      09/09/2009 at 7:44 PM

      As Themis will confirm, Motions to Suppress are nearly always filed on criminal defendants’ behalf, whether they’re guilty or not. It may well be frustrating to all of us, but standard course in criminal trial (and civil trials for that matter, though by the name Motion in Limine). Whether they’re granted is another thing entirely. That’s what we have to be concerned with.

Comments are closed.