…and “Imminent Threats”
In just over five pages, counsel for Kathy Wone, brushed back the defendants’ proposed gag order motion.
Filed yesterday was the Plaintiff’s Opposition to Defendants’ Motion to Enjoin Counsel from Making Extrajudicial Statements.
Submitted by Covington & Burling’s Ben Razi, Stephen Rodger and Brett Reynolds, with Patrick Regan in tow, they lean on DC...
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Tags: Ben Razi, Extrajudicial Statements, First Amendment, Gag Order
Posted in David Schertler, civil trial, legal strategy | 149 Comments »
One Week from Trial, and the Defense Closes Ranks
As we head into the final week before the scheduled May 10 trial start, a final flurry of documents have accumulated in the DC Superior Court clerk’s office. Most regard defense efforts to limit or exclude certain evidence and testimony.
At the close of business at Wednesday’s day-long...
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Tags: blood evidence, EMT statements, in limine, Trial Countdown, witnesses
Posted in legal motions, legal strategy | 33 Comments »
Half the Story
In the clerk’s office this week was thirty pages of Defense Joint Response to Government Notice of Uncharged Conduct II and Some Other Stuff. Nowhere to be found was the government’s notice that this filing responds to, so this doc will have to serve as a study guide.
In the government’s first uncharged...
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Tags: 1509 Swann burglary, David Schertler, grand jury, Kentucky Derby, Michael Price, Patrick Martin, Uncharged Conduct
Posted in legal motions, legal strategy | 3 Comments »
New Bits – And Old Hits – In The Prosecution’s Playlist
More paper filed in advance of this Friday’s status hearing means more late night reading. On the nightstand currently:
“Reply In Support Of Defendants’ Motion In Limine To Exclude Argument, Testimony And Evidence Regarding Sexual Assault”,
“Government’s Notice of Intent To Use Statements”, and
“Government’s Omnibus Opposition...
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Tags: incapacitation, prosecution theory, Roman Karas, sexual assault, voluntary statements, xylene
Posted in Bernie Grimm, Bloody knife, Michael Price, Thomas Connolly, White cotton fibers, legal motions, legal strategy, prosecution | 59 Comments »
Kicking Up Distractions Before the Court. Why It Matters
In modern times it dates back to December 15th, 1991. H. Ross Perot – remember him? – then a member of the General Motors board, parried with GM CEO Roger Smith’s optimistic perspective of GM’s future. Distilling Smith’s rosy sales pitch, Perot scooped imaginary dirt and...
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Tags: gorilla dust, legal motions, legal strategy, Look! Look over here...
Posted in legal motions, legal strategy, legal teams | 37 Comments »
An Attorney Unloads on the Trouple’s Defense, and the Prosecution’s Hubris
From the start we’ve worked to cultivate a deep pool of experienced opinion. Blood spatter analysts, medical toxicoligists, psychological therapists, homicide researchers, forensic psychologists…and, of course, lawyers. We continue to welcome their thoughts and contributions, where-ever it may take us.
Today, a new addition.
Recently we...
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Tags: Dale Edwin Sanders, defendants, Guest post, hubris, legal motions
Posted in guest commentary, legal strategy | 23 Comments »
How Kirschner Pushes Back the Miranda Charges
In a week from now, we may know the outcome of two of the defendants’ key pleadings before Judge Lynn Leibovitz; namely their motions to sever and hold three seperate trials and their motions to suppress their statements to MPD detectives from the night of the crime.
Leibovitz may rule...
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Tags: miranda rights, motion of severance, motions to suppress, reading tea leaves, voluntary statements
Posted in Bernie Grimm, Glenn Kirschner, legal motions, legal strategy | 6 Comments »
Ethereal vs. Visceral
In the not to distant future, eight weeks from yesterday to be exact (assuming no continuance), Judge Lynn Leibovitz gavels in United States vs. Joseph Price, Dylan Ward, Victor Zaborsky
In yesterday’s post on the Government’s Opposition to the Defendants’ Joint Motion to Compel Rule 16(a)(1)(e) Disclosures, we got a clearer picture of what...
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Tags: Defendant's Joint Motion to Compel, expert testimony, government discovery, tedious motion titles, witnesses
Posted in Bernie Grimm, Bloody knife, Judge Lynn Leibovitz, Kathy Wone, White cotton fibers, autopsy report, legal motions, legal strategy, missing knife | 25 Comments »
Defense: Semen Is From Postmortem Process, Not Sexual Assault
A flurry of motions in the Robert Wone case hit the DC Superior Court with a ferocity to match last month’s Snowmaggeddon, as the defense sought to fortify their position that Robert Wone was not incapacitated or sexually assaulted on the night he was murdered.
This came in their...
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Tags: defense response, Seminal Fluid, succinylcholine, Uncharged Conduct
Posted in BDSM, electrostimulation, legal motions, legal strategy, sexual assault | 36 Comments »
Government Turns Over Discovery Information
Last week, the government laid out their blueprint for the prosecution of this case. Now, in the most recent filing, AUSA Glenn Kirschner opened up his toolbox to reveal just how he will accomplish his task.
What is curious is this discovery summary isn’t part of the public record (yet) and only showed up...
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Tags: Discovery Summary, Glenn Kirschner, Michael Price
Posted in Glenn Kirschner, Michael Price, legal motions, legal strategy | 54 Comments »