Joe Price May Find Out At Today’s Status Hearing.
At the January 15 status hearing, Judge Lynn Leibovitz set several deadlines for both sides to hit. The result? Motion after motion after motion.
In January, Leibovitz denied the Motion to Dismiss just days after getting the papers; warp speed compared to her predecessor. A lot is in front of her today and maybe we’ll see more rulings.
If however, she chooses to read each of her decisions in full, like that one lecture to the defense, it could be a long afternoon.
Uncharged Conduct, motions to sever, compel and of course, the Mirandas; those very much front and center today. Defendants Dylan Ward and Victor Zaborsky’s motions to suppress were posted last week and now we get a look at Joe Price’s. His follows the same contours as his co-defendants’, and like Zaborsky’s lacks transcript portions. It asserts that Price was held and questioned involuntarily without his being made aware of his rights.
“The detectives (Wagner and Norris) openly challenged Mr. Price’s account of what happened and accused him of killing Mr. Wone. Mr. Price asked the two detectives if he could leave or if he needed a lawyer. Both detectives ignored Mr. Price’s question about whether he was free to leave and they simply continued the interrogation. The interview ended at 5:20 a.m.
At approximately 8:00 a.m., Detective Brian Waid approached Mr. Price, who was waiting with Mr. Zaborsky, stated that he was the detective in charge of the case, and told (them) he needed to personally question them about Mr. Wone’s murder… escorted (them) into two separate interrogation rooms… Detective Waid then left Mr. Price locked in the interrogation room alone for a prolonged period of time.”
Oh the irony, caging and confinement. But beyond the irony, another WTF moment; Price, trained in criminal law at William and Mary UVA, having practiced law for years on K Street, had to ask good cop / bad cop “..if he needed a lawyer.” Just what doesn’t add up with that? There’s another 400 words with that alone but it’s getting late.
And speaking of Miranda; a tough couple of days. The National Law Journal’s Tony Mauro had this: “It has not been a good week for the famed Miranda warning at the hands of the Supreme Court.” Not a good week for who exactly?
Judge Leibovitz gavels in at 2:45pm in room 210. Updates here from Moultrie as warranted. Maybe on the twitter too. Headlines after adjournment and the full recap around 7:00pm. Stringers and freelancers always welcome.
-posted by Craig