Calendar Girl

Judge Leibovitz Sets a Feverish Pace

Also hitting the DC Superior Court database in the wake of the January 15 status hearing was Judge Lynn Leibovitz’s granting IN PART of the Defendant’s Motion for Scheduling Order.

First up is a February 5 deadline for the government to have their Rule 16 notice, complete discovery and file their Notice of Uncharged Conduct I.  Additional deadlines were set regularly for every week to two weeks.

Leibovitz seems determined to gavel in the trial on May 10, the date that her predecessor Judge Frederick Weisberg set at a status hearing last May.

In her order, Leibovitz writes that the schedule “will promote fair and orderly trial preparation by the parties, and permit the court to resolve disputed issues in the case timely.”

Can we assume neither side, nor the Court wants to delay this any further?  Or could a delay benefit one side over the other?

The fine print in Leibovitz’s order is worth noting:

“The parties have continuing discovery obligations.  This deadline is not a discovery cutoff, and is entered without prejudice to the parties’ rights to seek the admission of evidence disclosed after this deadline.”

Is either side really hellbent on going to trial on May 10?

Leibovitz seemed to give both sides the signal that if any new evidence surfaces past her deadlines, she’ll go with it.   “I’m not cutting off scientific inquiry,” she said.   Sounds fair enough but still an odd thing to hear coming from a Bush 43 appointee.  But I digress…

Leibovitz doesn’t want anything new popping up during the trial and told AUSA Glenn Kirschner that he too didn’t want that played out in front of a jury either.

Is Kirschner ready to suit up and get going or may taking a time out help him more easily close the deal with the jury?  His deputy Patrick Martin said 95% of their evidence has been turned over to the defense.  One can only imagine how long the fight over the last five yards could go.

On January 15 we got the the first word that Kirschner may have an anesthesiologist lined up as an expert; he may also lean on his blood spatter expert, retired FBI G-Man Robert Spaulding, for a “quasi-reconstruction” and had procured the services of S&M “expert,” James Plant.

What does the defense gain from further delaying?

They’re  probably still finalizing their lineup of experts.  We haven’t heard or seen Dr. Henry Lee’s name pop up again anywhere and maybe we’ll learn of a substitution.   They’re pouring over what they’ve received through discovery and are looking for any daylight and running room, whatever can help them plant seeds of doubt with the jury.

In the coming weeks we’ll monitor the filings to see if everyone has been completing their homework assignments on time.  We’ll know soon if the march towards May hits any bumps in the road that could imperil the trial’s start date.

Lastly, if a deal was in the works and phone lines are burning up, that could impact the schedule too, but that’s a discussion for another time.

-posted by Craig

12 comments for “Calendar Girl

  1. former crackho
    01/27/2010 at 10:56 AM

    3.5+ years is far too long for Robert’s family to have to go through this. Poor Kathy. I can’t imagine how horrible this has been for her, and, in addition to losing her beloved husband and friend, how betrayed she feels.

    Judge Leibovitz apparently feels the same.

    Could there be rape charges filed if there is no DNA evidence? I hope too much emphasis on the sexual attack doesn’t backfire if it is so difficult to prove.

    • Craig
      01/27/2010 at 12:55 PM

      FCHo – As tough it must be for Kathy, seeing Robert’s parents at each of the status hearings gives a whole new meaning to the word heartbreaking.

  2. CDinDC
    01/27/2010 at 11:56 AM

    An anesthesiologist? Joe et al were not performing surgury that night. They need someone that is expert in street drugs. Or a veterinarian. :/

    • Also from the Post story
      01/27/2010 at 5:13 PM

      I see on Wikipedia that ketamine is sometimes used in anesthesia.

      • CDinDC
        01/27/2010 at 5:21 PM

        In all seriousness, yes, you are right AFTPS. I was being a little flip and I guess it didn’t come off that way.

        K is used quite often in the field to sedate large mammals while doing field tests. It immobilizes them, as well as “sedates” them so they are safer to deal with.

        • former crackho
          01/28/2010 at 3:40 PM

          K may have been also been their drug of choice to use on Robert, especially if they were hoping to get him in a k-hole so he wouldn’t have a good memory of what happened to him. From Wiki (Regarding being stuck in a k-hole):

          “Users may feel as though their perceptions are located so deep inside the mind that the real world seems distant (hence the use of a “hole” to describe the experience). Some users may not remember this part of the experience after regaining consciousness, in the same way that a person may forget a dream. Owing to the role of the NMDA receptor in long-term potentiation, this may be due to disturbances in memory formation. The “re-integration” process is slow, and the user gradually becomes aware of surroundings. At first, users may not remember their own names, or even know that they are human, or what that means. Movement is extremely difficult, and a user may not be aware that he or she has a body at all, it is rare to be able to sit and talk.”

          I would bet the farm they injected Robert with K, hoping that he wouldn’t remember.

          • CDinDC
            01/28/2010 at 4:00 PM

            FC…..I wave the K flag all the time. Along with my house, there is now a farm on the table.

            It’s injectable. It’s readily available in certain circles. It immobilizes. And as you point out, it causes memory loss.

            If they didn’t inject him with enough to send him into a k-hole, Robert could have been fully aware of what was happening to him, but unable to prevent it.

            Dear Robert may have made it evident that he was aware and at that point, Joe et al made the decision to execute him to save their own sorry asses from rape charges.

            It would also explain the multiple injection sites. K will wear off, so they kept injecting him to keep him under control.

            I have several times encouraged people to look up ketamine or k-hole on youtube. People can see a range of effect of ketamine.

            • former crackho
              01/28/2010 at 7:15 PM

              It could also explain why Dylan was acting so strangely (not answering paramedics, etc.). He may have done a little himself.

              And finding K in this town is about as difficult as finding a 45 year old queen still trying to pull off a too small A&K t-shirt at JR’s. Yes. Def K.

              Maybe they could use the “we were in a K-hole and didn’t know what we were doing” defense.

              • Clio
                01/28/2010 at 11:31 PM

                Age-inappropriate garb at what was once known as a gay yet preppie bar? What is this world coming to?

                And, who knew that these dreadful drugs were so ubiquitous? Dyl and Joe are really just common criminals, with the emphasis on common!

                • former crackho
                  01/29/2010 at 10:11 AM

                  And soon they will be nothing but common prison trash. I wonder what kind of guitar string ink Joe will get? Perhaps a nice heart that says “Bubba’s Bitch” on his gelatinous arse?

                  • CDinDC
                    01/29/2010 at 10:35 AM

                    Ha!! Joe’s gonna need to keep a low profile, FCH. With his big mouth he’s bound to piss somebody off.

                    i’ve seen those shows on tv about life in prison. It ain’t pretty! Those big ol’ shower rooms. It won’t be like the crew club. They will be showering with murderers that have been lifting weights for 2 decades. The type of murderers that kill their grandma. What they did to Robert will be what Joe et all have to fear everyday.

                    • former crackho
                      01/29/2010 at 11:17 AM

                      Hmmm. Joe may fit right in. Who needs alt dot com profiles when you can get the real deal?

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