Dateline: Moultrie Courthouse
Judge Frederick Weisberg sets trial date: May 10, 2010.
This is not a joke.
– more later –
Justice Delayed Is Justice Denied
Dateline: Moultrie Courthouse
Judge Frederick Weisberg sets trial date: May 10, 2010.
This is not a joke.
– more later –
WOW!!
God…. another year…..so more evidence can be lost or the case will be forgotten?
We’re not forgetting Robert Wone…..NO WAY!!!!!
The ball will really begin to roll now. Yes, it’s a year away, and extensions are possible – I assume that it’s ONE trial for all three at this point, yes? I don’t know the DC practice enough to know if Zaborsky’s lawyer would have requested a separate trial by now.
OK, so I guess I take back what I said about the hearings heralding the imminent arrival of the trial. Anxiously awaiting….
Another freakin’ year. Sigh.
Yeah, but now things must happen. That’s the difference.
Bea – what must happen? i am on the civil side where they do discovery — isn’t criminal different? no deps; no interrogatories? the trial seems way far away — enough time for a victor plea deal? looking forward to hearing details. good week end, all.
I don’t do criminal either (rather, haven’t since I was a youngster) so Themis is more the go-to resource. That said, you’re right that the prosecutor can’t depose any of the defendants or serve written discovery on them. The defense will try everything in their power to discern and discredit the prosecution’s approach (as is their job) and both sides will be continuing investigations – recall, for example, that not all the blood tests have been complete from the murder scene, and last we heard, the “second” text message recipient was yet to be firmly identified. There will be much legal wrangling, too, because the defense IS entitled to discovery with very few limitations. The “sideshow” will include the prosecution trying to nail down what the many players “know” – Sarah Morgan, Michael Price, Louis Hinton, etc.; there may be Motions to separate the defendants, Motions to Suppress certain pieces of evidence (for example, Price’s lawyers will try to suppress the bondage site stuff as prejudicial just as the prosecution will argue relevance – and the prosecution will try to get witnesses from the “takers” who engaged with Price and/or Ward, especially if anything untoward happened). The pricey defense team will attempt to overwork the prosecution and keep them off guard as to what their strategy will be. In many ways, the defense has a far greater ability to sandbag and simply hurl hand grenades from their safe hiding place. They’ll line up “experts” to refute nearly everything the prosecution claims (I’m a cynic – sadly, I think there are many professional prostitutes whose living is made on being an expert witness). All that said, the prosecution has “the facts”: arrival, murder, spic-and-span clean-up (by an intruder?), and THEN the defendants awaken and dial 911. Lots of cases come down to basic common sense.
I wish I knew how good Kirschner really is (anyone?) and how many times he’s gone up against the likes of Grimm, et al. I figure he’s playing as close to the vest as possible (quoted as saying he doesn’t want this tried in the court of public opinion) and that we haven’t heard of a good part of the circumstantial evidence – be it info from Sarah or Michael, blatantly inconsistent statements from one/more of the defendants, or any number of things.
all – was discovery completely stayed in the civil case (or only as to the defendants)? we really need to put sarah under oath with no 5th amendment protection. she, and at least one other i know of (interior decorator living on swann at the time and friends with the gang), were at cosi with the gang the morning after. details of that breakfast could be key. also, criminal litigation experts (themis – others?) can we expect to see the notes/details of the 1st night interrogation anytime before the trial? was it video’ed?
Rather than reply on an ad hoc basis, I will do my best to respond to all of the issues raised on this thread by tomorrow night. Be aware though that I don’t practice in DC. Until 11 months ago, I only represented indigent defendants charged with capital and non-capital first degree murder in state court. Moreover, I cannot vouch for my competence. I haven’t had a trial client sentenced to death but have lost trials where my client was charged with non-capital 1st. Not that I didn’t recommend a plea. But it do not mistake me for an oracle or superstar. Though I will say that I have a gift with respect to reading autopsies and litigating cause and circumstances of death. If only I could see the autopsy…
The trial won’t be much either, I promise. Pretty obvious the whole of Superior Court is ducking it. The first ten days will be about whether the room is the right temperature, counsel has enough water at their tables, etc.
David – We’re making plans to cover the hearing gavel-to-gavel. Courthouse cub reporters. We can probably use a stringer or two.
I’ll see what I can do on the reportage. Keep me posted. I’m not a member of the gay community; but I am a member of the DC Superior Court community. I know a lot about the case – trust me, nothing more than anyone could learn using google. Just so you know where I’m coming from, I think so far it’s potentially a classic case of how money can buy criminal immunity. I’d expect Price in particular to get badly mauled in civil court, but nonetheless it seems unfair that he’s not even in the dock for conspiracy on the criminal side.
David says: “it seems unfair that he’s not even in the dock for conspiracy on the criminal side.”
Hi David, what exactly do you mean?
In the dock just means “charged with” or “standing accused of.” In other words, I think the ordinary defendant in Price’s situation would be looking at far more serious criminal charges, to say nothing of how the trial turns out.
So, then, Bernie is worth every Ben Franklin of his (some critics would say) vulgar egotism, after all! Showman attorney spares narcissist lawyer-client from even more dire fate, details at 11.
And, at least, this case is good advertising for the up-and-coming Spag, despite his losing hand defending an obscure children’s book author.
Here’s an interesting tidbit for you – Price still has his license to practice law in the District. I can’t tell if he’s got any complaints pending with the DC Bar, but a felony arrest is often enough to get you struck off the list of practicing attorneys.
He could still do some advising work as opposed to actively practicing. Anyone know how much support he’s getting from his old buddies at Equality Virginia?