Defense Sticks to their 5th Amendment Claims
In response to repeated Plaintiff motions to get the three Swann Street defendants to answer deposition and interrogatory questions, the defense filed their Joint Opposition to Plaintiff’s Motion to Compel Answers to Requests for Admission and Interrogatories.
Or in shorthand, Get Bent Ben.
This fight goes way back – the defendants’ adamant refusal to answer almost every single question lobbed to them, in written form in the interrogatories and face-to-face, in the depos.
Neither side will budge. The ball remains in Rankin’s court, pardon the pun, and he appears to be taking his sweet-ass time either ruling on this issue or scheduling oral arguments so it can be hashed out, mano-a-mano.
The latest filing and the defense arguments follow.
In short, Robert Spagnoletti, the defense team’s go-to guy on Constitutional arguments, maintains that:
“Defendants were well within their rights to assert their Fifth Amendment privilege…
The Fifth…. ‘not only extends to answers that would in themselves support a conviction… under criminal statute but likewise embraces those that would furnish a link in the chain of evidence needed to prosecute the claimant for a …crime.
Because the answers to the questions identified by Plaintiff’s Motion could furnish evidence that might be used in a future criminal case, the Defendants have an absolute right to remain silent.”
Then in the accompanying Memorandum of Points and Authorities in Support, Spag gets to the meat of the issue and the reluctance for his clients to speak:
“Despite that the Defendants were ultimately acquitted on on all counts in the prior criminal proceedings, prosecutors continue to accuse the Defendants of being responsible for Robert Wone’s death and continue to threaten them with further criminal charges, including homicide.”
This begs the question – in what shape and form is the USAO DC still accusing and threatening the Threesome?
The filing goes on to state that MPD refusal to dump their case documents to the defense and the effort to hem in their depo questions of former Detective Bryan Waid, citing law enforcement privilege, are clear signals that the murder case investigation continues full bore.
This begs the question – oh, never mind. “Very active investigation…” said the Chief on numerous occasions. Is it really, Cathy? Is it?
Joint Opposition to Plaintiff’s Motion to Compel Answers to Requests for Admission and Interrogatories
Points and Authorities in Support of all that