The Maryland Campaign
Late Friday afternoon, Mike Scarcella of the Legal Times had news on the latest skirmish in Kathy Wone’s $20 million wrongful death civil suit.
Any small victory the defendants may have felt following Judge Weisberg’s September status hearing in the criminal case was likely beat back by Judge Brook Hedge, sitting in the civil case.
The defendants wanted no judicial supervision of the civil case, asking Hedge to schedule the next status hearing anytime after June 25, 2010 – around the time the criminal case is decided.
A long march indeed.
Ben Razi, representing Kathy Wone, argued that further delays will cause problems; evidence could be lost. “…if it has not been lost already.” Then this:
Mrs. Wone is precluded from taking any discovery with respect to the recently disclosed inconsistent statements made by the defendants to the police in the hours after her husband’s murder.”
Talk of Officer Durham’s notes sure is getting around.
Hedge agreed with the plaintiff. No more stonewalling.
There will be no delay between the end of the criminal trial and the start of the civil; Hedge ordered the defendant’s depositions be complete within 75 days of the jury verdict of next May’s trial. Nor will the civil case be put on hold pending appeal.
Robert Spagnoletti, arguing on behalf of Dylan Ward, told Hedge they’d have a difficult time meeting deadlines because of the complicated discovery disputes. An old argument that never gets too old, it seems.
Baltimore attorneys Craig Roswell, of Niles, Barton for Joe Price and sole practitioner Frank Daily for Victor Zaborsky complete this defense team in the civil case. Why the out-of-towners? A lower billing rate? Is Price leading that defense as well?
The last line in Scarcella’s piece jumps out:
If the criminal case doesn’t go to trial in May 2010, Hedge said she would hear a motion to lift the stay.
That could be read two ways – a possible delay in the May hearing or perhaps no hearing? What would it take to get there? A flip and a different set of criminal charges probably.
But that’s only if 7900 Ariel Way is a house divided.
None of the three defendants attended Friday’s hearing.
–posted by Craig