The Paper Chase

Document Dump

Now as promised, the rest of the motions filed over the past couple months.

Pile

 

So far these have yielded MPD Officer Diane Durham’s statement that refutes Joe Price’s known explanation of where he found Robert’s body; Detective Brian Waid’s handwritten notes and Detective Jeffrey Folts’  riff , channeling Kerouac*, his notes on his late night, crosstown  journey with Price in the back seat, on the road to the Violent Crimes Branch for questioning.

 

The remaining docs reflect the game playing all summer long; the Government playing keep away on turning over discovery material and the defense team hounding them.  Kirschner ended up unloading some of what the defense was due, but not until just days before the status hearing earlier this month.

Hopefully agreement will be reached by the November 6 status hearing.  God forbid the May trial is pushed back because of this needless pussy footing.

More paper has dropped since we got these including the status reports for the hearing in the wrongful death civil suit.  The index after the jump.

May 27: Order for independent testing

July 3: Defendants’ renewed motion to compel discovery.  Defendants renewed motion to compel discovery detailed.

July 8: Defendants’ motion to enforce May 26, 2009 order

July 14:  Government’s  discovery letters response to omnibus

July 15: Defendants’ motion for in camera review

July 29: Government’s response to motion for in camera review

August 27: Defendants’ reply brief to governments omnibus discovery motion

*They were like the man with the dungeon stone and gloom, rising from the underground, the sordid hipsters of America…

Craig 

 

27 comments for “The Paper Chase

  1. Bea
    10/02/2009 at 12:24 PM

    The July 14 filing is of interest. Notably that the review of Kathy Wone’s computer showed NO RECEIPT of an email from Robert after 11:00 pm as well as references to evidence which gives hope that they may well be doing a better job than we think (experts, etc.). One interesting reference is that re the “palm print” in the office/guest room is that “Defendant Victor Zaborsky cannot be ruled out.” Now it’s not surprising that if one lives there that one’s prints will be everywhere but does anyone know if that was, perhaps, a blood print? I scanned my memory and came up empty. It makes me think of Victor’s comments during the 911 call that Joe “not touch” something. I thought at the time that the comment reflected Victor’s innocence/not being fully in the know. Perhaps his print – if in blood and if the other two have none – may be indicative that Victor was the primary actor OR that Joe and Dylan weren’t concerned about Victor’s prints (1) since he wasn’t really involved, and/or (2) they wanted to keep him in line/silent.

    • TK
      10/02/2009 at 3:35 PM

      I can’t believe given all we know that Victor was a primary player. Could the other(s) have been so craven as to set him up to find the body?!

      And the strange mystery of the unsent emails remains. Why would Robert compose 2 emails and not send them? What point in composing an email to your wife that you’re going to bed, then wait to send it the next day? Was he interrupted? Or, as some have suggested, did one of the others compose them as some kind of cover. One I can see, but bothering to do two? And Robert seemed like the kind of careful person who would have a password on his BlackBerry.

      • Bea
        10/02/2009 at 4:44 PM

        Hi TK,

        As for the emails, I think Joe composed both to later establish alibi timelines but forgot to make use of it and delete it. Robert may have had a password protection (though I know only 1 lawyer who does out of dozens) but if he was “in” then perhaps Joe was able to use it freely.

        I agree that Victor seems the least likely killer. I would not put it past the duo to have Victor be out of the loop completely that night in ‘finding’ the body, only to be reeled in over time. I also wouldn’t be surprised if Joe didn’t WANT him touching ‘stuff’ to make himself complicit. What a domestic partner Joe is!

      • CDinDC
        10/02/2009 at 5:19 PM

        If the police officer was able to pick up the blackberry and look at the contents, he didnt have it password protected.

  2. Bea
    10/02/2009 at 12:24 PM

    The July 14 filing is of interest. Notably that the review of Kathy Wone’s computer showed NO RECEIPT of an email from Robert after 11:00 pm as well as references to evidence which gives hope that they may well be doing a better job than we think (experts, etc.). One interesting reference is that re the “palm print” in the office/guest room is that “Defendant Victor Zaborsky cannot be ruled out.” Now it’s not surprising that if one lives there that one’s prints will be everywhere but does anyone know if that was, perhaps, a blood print? I scanned my memory and came up empty. It makes me think of Victor’s comments during the 911 call that Joe “not touch” something. I thought at the time that the comment reflected Victor’s innocence/not being fully in the know. Perhaps his print – if in blood and if the other two have none – may be indicative that Victor was the primary actor OR that Joe and Dylan weren’t concerned about Victor’s prints (1) since he wasn’t really involved, and/or (2) they wanted to keep him in line/silent.

    • TK
      10/02/2009 at 3:35 PM

      I can’t believe given all we know that Victor was a primary player. Could the other(s) have been so craven as to set him up to find the body?!

      And the strange mystery of the unsent emails remains. Why would Robert compose 2 emails and not send them? What point in composing an email to your wife that you’re going to bed, then wait to send it the next day? Was he interrupted? Or, as some have suggested, did one of the others compose them as some kind of cover. One I can see, but bothering to do two? And Robert seemed like the kind of careful person who would have a password on his BlackBerry.

      • Bea
        10/02/2009 at 4:44 PM

        Hi TK,

        As for the emails, I think Joe composed both to later establish alibi timelines but forgot to make use of it and delete it. Robert may have had a password protection (though I know only 1 lawyer who does out of dozens) but if he was “in” then perhaps Joe was able to use it freely.

        I agree that Victor seems the least likely killer. I would not put it past the duo to have Victor be out of the loop completely that night in ‘finding’ the body, only to be reeled in over time. I also wouldn’t be surprised if Joe didn’t WANT him touching ‘stuff’ to make himself complicit. What a domestic partner Joe is!

      • CDinDC
        10/02/2009 at 5:19 PM

        If the police officer was able to pick up the blackberry and look at the contents, he didnt have it password protected.

  3. Bea
    10/02/2009 at 12:24 PM

    The July 14 filing is of interest. Notably that the review of Kathy Wone’s computer showed NO RECEIPT of an email from Robert after 11:00 pm as well as references to evidence which gives hope that they may well be doing a better job than we think (experts, etc.). One interesting reference is that re the “palm print” in the office/guest room is that “Defendant Victor Zaborsky cannot be ruled out.” Now it’s not surprising that if one lives there that one’s prints will be everywhere but does anyone know if that was, perhaps, a blood print? I scanned my memory and came up empty. It makes me think of Victor’s comments during the 911 call that Joe “not touch” something. I thought at the time that the comment reflected Victor’s innocence/not being fully in the know. Perhaps his print – if in blood and if the other two have none – may be indicative that Victor was the primary actor OR that Joe and Dylan weren’t concerned about Victor’s prints (1) since he wasn’t really involved, and/or (2) they wanted to keep him in line/silent.

    • TK
      10/02/2009 at 3:35 PM

      I can’t believe given all we know that Victor was a primary player. Could the other(s) have been so craven as to set him up to find the body?!

      And the strange mystery of the unsent emails remains. Why would Robert compose 2 emails and not send them? What point in composing an email to your wife that you’re going to bed, then wait to send it the next day? Was he interrupted? Or, as some have suggested, did one of the others compose them as some kind of cover. One I can see, but bothering to do two? And Robert seemed like the kind of careful person who would have a password on his BlackBerry.

      • Bea
        10/02/2009 at 4:44 PM

        Hi TK,

        As for the emails, I think Joe composed both to later establish alibi timelines but forgot to make use of it and delete it. Robert may have had a password protection (though I know only 1 lawyer who does out of dozens) but if he was “in” then perhaps Joe was able to use it freely.

        I agree that Victor seems the least likely killer. I would not put it past the duo to have Victor be out of the loop completely that night in ‘finding’ the body, only to be reeled in over time. I also wouldn’t be surprised if Joe didn’t WANT him touching ‘stuff’ to make himself complicit. What a domestic partner Joe is!

      • CDinDC
        10/02/2009 at 5:19 PM

        If the police officer was able to pick up the blackberry and look at the contents, he didnt have it password protected.

  4. Craig
    10/02/2009 at 4:18 PM

    Bea – Good eye as usual. I was going through this pile of docs the other night and spotted a real nugget buried in one of the motions

    Damn if I can’t find it now. So let’s have a treasure hunt.

    • NYer
      10/02/2009 at 5:54 PM

      Craig, this post and subsequent comments made me re-read the affidavit again. And yes, TK, I think Victor was more a primary player than one would expect, given how contradictory his own statements are in the 9-1-1 call . One fact that I had missed in the very beginning of the affidavit (I’m not sure if has been discussed already on WMRW): Victor in the call requests only an ambulance to 1509, despite being offered police assistance as well. In Paul Duggan’s excellent article on the case, he reports that later in the 9-1-1 call, Zaborski stated, “I’m afraid to go downstairs.” These two nuggets appear contradictory.
      Another thing I’d like to point out about the affidavit: Since one witness reported to police his/her recollection that Maureen Bunion was on the news at the time of the scream. If that is so, it may be possible to narrow down, to several times frames between 11 and 11:30, the approximate time that the scream occurred, by reviewing the Aug. 2 newscast. Presumably Maureen Bunion would not dominate the TV screen for the whole half-hour.
      I suppose the question that then raises is, who was the person who screamed? It may not have even been Robert, but instead Victor, walking into what would be undeniably a horrifying scene.

  5. Craig
    10/02/2009 at 4:18 PM

    Bea – Good eye as usual. I was going through this pile of docs the other night and spotted a real nugget buried in one of the motions

    Damn if I can’t find it now. So let’s have a treasure hunt.

    • NYer
      10/02/2009 at 5:54 PM

      Craig, this post and subsequent comments made me re-read the affidavit again. And yes, TK, I think Victor was more a primary player than one would expect, given how contradictory his own statements are in the 9-1-1 call . One fact that I had missed in the very beginning of the affidavit (I’m not sure if has been discussed already on WMRW): Victor in the call requests only an ambulance to 1509, despite being offered police assistance as well. In Paul Duggan’s excellent article on the case, he reports that later in the 9-1-1 call, Zaborski stated, “I’m afraid to go downstairs.” These two nuggets appear contradictory.
      Another thing I’d like to point out about the affidavit: Since one witness reported to police his/her recollection that Maureen Bunion was on the news at the time of the scream. If that is so, it may be possible to narrow down, to several times frames between 11 and 11:30, the approximate time that the scream occurred, by reviewing the Aug. 2 newscast. Presumably Maureen Bunion would not dominate the TV screen for the whole half-hour.
      I suppose the question that then raises is, who was the person who screamed? It may not have even been Robert, but instead Victor, walking into what would be undeniably a horrifying scene.

  6. Craig
    10/02/2009 at 4:18 PM

    Bea – Good eye as usual. I was going through this pile of docs the other night and spotted a real nugget buried in one of the motions

    Damn if I can’t find it now. So let’s have a treasure hunt.

    • NYer
      10/02/2009 at 5:54 PM

      Craig, this post and subsequent comments made me re-read the affidavit again. And yes, TK, I think Victor was more a primary player than one would expect, given how contradictory his own statements are in the 9-1-1 call . One fact that I had missed in the very beginning of the affidavit (I’m not sure if has been discussed already on WMRW): Victor in the call requests only an ambulance to 1509, despite being offered police assistance as well. In Paul Duggan’s excellent article on the case, he reports that later in the 9-1-1 call, Zaborski stated, “I’m afraid to go downstairs.” These two nuggets appear contradictory.
      Another thing I’d like to point out about the affidavit: Since one witness reported to police his/her recollection that Maureen Bunion was on the news at the time of the scream. If that is so, it may be possible to narrow down, to several times frames between 11 and 11:30, the approximate time that the scream occurred, by reviewing the Aug. 2 newscast. Presumably Maureen Bunion would not dominate the TV screen for the whole half-hour.
      I suppose the question that then raises is, who was the person who screamed? It may not have even been Robert, but instead Victor, walking into what would be undeniably a horrifying scene.

  7. CuriousInVa
    10/03/2009 at 10:14 AM

    If Robert had had password protection no one could have even typed the emails in the first place. The password would have completely prevented someone from accessing the email at all.

    I do believe Joe/they were trying to establish an alibi but no idea why they failed to hit send. It really seems like they were rapidly changing plans in a short amount of time – the cleanup seemed to indicate they were going to remove the body and say Robert never arrived. What changed? The scream? And the emails I guess were to show that there would not have BEEN enough time for a cleanup?

    • John Grisham
      10/03/2009 at 11:26 AM

      Following Robert’s murder, the time of every event that evening at 1509 Swann likely falls into one of three distinct periods.

      1. The Initial Plan: Stab, clean the body, clean the house of any evidence of Robert, and prepare to remove the body from the house (and perhaps dump it somewhere in the forests of Manassas).

      2. Period of Confusion. The real “intruder” (that is, another member of the household who unexpectedly arrives on the scene and screams, and I still believe it was Sarah), and there is a very short period of confusion about what to do. A few wrongheaded cover-ups are even initiated in this phase that later (unfortunately for them) cannot be undone.

      3. The Intruder Story. In the thirty minutes or so that they have to stage this scene, the details of this new story evolve as a work in progress.

  8. CuriousInVa
    10/03/2009 at 10:14 AM

    If Robert had had password protection no one could have even typed the emails in the first place. The password would have completely prevented someone from accessing the email at all.

    I do believe Joe/they were trying to establish an alibi but no idea why they failed to hit send. It really seems like they were rapidly changing plans in a short amount of time – the cleanup seemed to indicate they were going to remove the body and say Robert never arrived. What changed? The scream? And the emails I guess were to show that there would not have BEEN enough time for a cleanup?

    • John Grisham
      10/03/2009 at 11:26 AM

      Following Robert’s murder, the time of every event that evening at 1509 Swann likely falls into one of three distinct periods.

      1. The Initial Plan: Stab, clean the body, clean the house of any evidence of Robert, and prepare to remove the body from the house (and perhaps dump it somewhere in the forests of Manassas).

      2. Period of Confusion. The real “intruder” (that is, another member of the household who unexpectedly arrives on the scene and screams, and I still believe it was Sarah), and there is a very short period of confusion about what to do. A few wrongheaded cover-ups are even initiated in this phase that later (unfortunately for them) cannot be undone.

      3. The Intruder Story. In the thirty minutes or so that they have to stage this scene, the details of this new story evolve as a work in progress.

  9. CuriousInVa
    10/03/2009 at 10:14 AM

    If Robert had had password protection no one could have even typed the emails in the first place. The password would have completely prevented someone from accessing the email at all.

    I do believe Joe/they were trying to establish an alibi but no idea why they failed to hit send. It really seems like they were rapidly changing plans in a short amount of time – the cleanup seemed to indicate they were going to remove the body and say Robert never arrived. What changed? The scream? And the emails I guess were to show that there would not have BEEN enough time for a cleanup?

    • John Grisham
      10/03/2009 at 11:26 AM

      Following Robert’s murder, the time of every event that evening at 1509 Swann likely falls into one of three distinct periods.

      1. The Initial Plan: Stab, clean the body, clean the house of any evidence of Robert, and prepare to remove the body from the house (and perhaps dump it somewhere in the forests of Manassas).

      2. Period of Confusion. The real “intruder” (that is, another member of the household who unexpectedly arrives on the scene and screams, and I still believe it was Sarah), and there is a very short period of confusion about what to do. A few wrongheaded cover-ups are even initiated in this phase that later (unfortunately for them) cannot be undone.

      3. The Intruder Story. In the thirty minutes or so that they have to stage this scene, the details of this new story evolve as a work in progress.

  10. Clio
    10/03/2009 at 9:40 PM

    To redact or not to redact? That is an interesting question in reference to the one unredacted “sentence” from the Waid notepad, unredacted in the July 29 documents. Actually, the unredacted part may be two or three semi-sentences about an open door and an unclear pronoun reference. In the Waid notes, “they” becomes “he” becomes “the person.” Why were these non sequiturs unredacted? Why were they redacted in the first place?

    Good news: according to these documents, notes (handwritten or typed?) from conversations with both Victor and Dylan do exist.

  11. Clio
    10/03/2009 at 9:40 PM

    To redact or not to redact? That is an interesting question in reference to the one unredacted “sentence” from the Waid notepad, unredacted in the July 29 documents. Actually, the unredacted part may be two or three semi-sentences about an open door and an unclear pronoun reference. In the Waid notes, “they” becomes “he” becomes “the person.” Why were these non sequiturs unredacted? Why were they redacted in the first place?

    Good news: according to these documents, notes (handwritten or typed?) from conversations with both Victor and Dylan do exist.

  12. Clio
    10/03/2009 at 9:40 PM

    To redact or not to redact? That is an interesting question in reference to the one unredacted “sentence” from the Waid notepad, unredacted in the July 29 documents. Actually, the unredacted part may be two or three semi-sentences about an open door and an unclear pronoun reference. In the Waid notes, “they” becomes “he” becomes “the person.” Why were these non sequiturs unredacted? Why were they redacted in the first place?

    Good news: according to these documents, notes (handwritten or typed?) from conversations with both Victor and Dylan do exist.

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