As promised, the three motions filed ahead of Friday’s 2:05pm status hearing. Two seem rather routine. The third, not so.
The Government’s Response to Defendants’ Joint Motion to Exclude Uncharged Criminal Misconduct at page one argues that since the case’s previous Judge Frederick Weisberg had not set a briefings and motions schedule, which would be necessary, they are unable to file a Notice of Intent to Introduce Uncharged Conduct. Simple enough.
In the Government’s Response to the Defense Motion for Scheduling, the Assistant US Attorney’s Office proposes the following briefing schedule:
February 25: Remaining Expert Notice Due
March 10: Affirmative Motions Due
April 7: Oppositions Due
April 14: Motions in Limine Due
May 3: Opposition to Motions in Limine Due
May 10: Motions Hearing / Trial
Again, simple enough; and after nearly four years since Robert’s murder, it’s reassuring to still be seeing May 10 as D-Day for the trial.
Two small points jump out in the last motion…and a larger, more ominous one maybe lay deeper inside the text.
The Defendant’s Reply to the Government’s Opposition to Defendant’s Joint Motion to Dismiss Counts One and Two of the Indictment (the obstruction and conspiracy charges) runs 22 pages and is laden with references to legal precedent and case-law. Merriam-Webster’s Online Dictionary too for good measure.
And perhaps in an instance of either bad taste or an inside joke, the defense leans on a peculiar case to buttress their argument: Andrews v. United States, 981 A.2d, which goes into detail on a prostitute, oral sex, condoms and underwear. *Ahem*
OK…so here it is the New Year. How many of you still writing 2009 on your checks? Well, so, too, might the associate at Schertler – Onorato who banged out this document. The date of tomorrow’s status hearing is listed as January 15, 2009.
Much of the defense’s argument revolves around what constitutes a “official proceeding” and alleged false statements given to investigating officers.
Lastly, this motion reveals a notable event that occurred in November, 2007: a lunch conversation between Joe Price and Kathy Wone.
Whether any of these are addressed at tomorrow’s 2:05pm status hearing is uncertain. All three motions follow the jump.
-posted by Craig
Government’s Response to Defendants’ Joint Motion to Exclude Uncharged Criminal Misconduct
Government’s Response to the Defense Motion for Scheduling
Defendant’s Reply to the Government’s Opposition to Defendant’s Joint Motion to Dismiss Counts One and Two of the Indictment