Defense Requests Deposition from Lead Detective Bryan Waid
Do you remember Bryan Waid? The Defense certainly hasn’t forgotten him.
In the MPD interrogation videos, otherwise known as the Anacostia Dialogues, MPD Detective Bryan Waid was the most sympathetic of the questioners on the morning of August 3rd. He allowed long period of silences between his questions to Joe Price; allowing Price to give his unvarnished version of events from the previous evening.
He was not accusatory, the way Detective “Come-to-Jesus” Wagner was, nor was he disbelieving the way Detective Norris was. Detective Waid went the good guy route; seeking to get the full version of events according to Price.
On the stand at the criminal trial, Detective Waid was the same calm, reassuring presence, but it was his testimony that was devastating.
He admitted that part of the reason for his nice guy routine was to maintain a relationship with the defendants so that he would be able to follow up and ask additional questions as the investigation unfolded. He recounted how the backyard where the unknown intruder would have scaled the 9-foot retaining fence, only to land in a raised wall of garden plants was completely untouched. He noticed how the heavy pollen on top of the fence was completely undisturbed, and the spider webs on the branches of the trees were unbroken.
All of this testimony, along with photographs taken that night, satisfied Judge Lynn Leibowitz enough to conclude beyond a reasonable doubt that an unknown intruder did not enter the home at 1509 Swann Street the night of Robert Wone’s murder.
Maybe this is why the Defense in the civil suit wants to get in touch with Detective Waid again.
Detective Waid left the Metropolitan Police Department before the criminal case went to trial in 2010 to take another position in the Sheriff’s office in Lee County, Florida. Because Detective Waid lives 25 miles outside the District of Columbia, they need the Lee County Circuit Court to issue a subpoena to depose Bryan Waid.
This motion looks to be standard operating procedure as the parties move along the discovery and deposition phase of the civil suit. What remains to be seen is if Detective Waid has more to offer than what he did at the criminal trial in June.
David
Waid Subpoena:
Memorandum in Support:
“…All of this testimony, along with photographs taken that night, are what helped Judge Lynn Leibowitz to conclude that the evidence presented at trial reached beyond a reasonable doubt that an unknown intruder entered the home at 1509 Swann Street and murdered Robert Wone.”
Wait, now I am really confused.
That makes two of us. Besides that, why is the defense seeking to take Waid’s depo? What am I missing?
fixed typaux
That’s what I thought.
Still (accepting the faux), recalling Waid’s account of his investigation, it is puzzling that the defense would need further elaboration on the “invader theorey.” But until/unless the depo is made public at trial, we’ll never know. Presumably, the whole somebody-else-did-it defense will be played out.
Is Mr. Waid still in Florida? If so, couldn’t they just do the depo there, scheduling around Dyl’s outcalls and Joe’s ambulance-chasing?
Clio:
That’s exactly the point of a motion of issuance of a commission. Covington and Regan do not have authority to issue a subpoena for a deposition in a D.C. case in Florida, so they move to have a Florida lawyer appointed to issue the subpoena. The deposition will then most likely be conducted at a location convenient to the deponent (Waid). Will allow for a nice trip to Florida for everyone else concerned.
How delightful, Hoya! Everyone involved could get a complementary city tour of lovely Fort Myers, and Dyl could give those interested in the party a fully-clothed, non-sexual chair massage on the bus.
Perhaps, if Detective Waid makes a mistake in the deposition, or there is some inconsistency, then 1) the defense can play gotcha and 2) the prosecution may feel less confident in calling him. In either case the intruder defense becomes less weak. Somehow I expect the defense has taken a lesson from some election campaigns; repeat a line sufficiently often and sufficiently stridently and it doesn’t matter whether it was originally true or not. Fortunately, such a campaign works better with large masses of people than it does with small numbers.
They want a crack at him before trial to lock him in, create more possibilities for inconsistencies, and generally just create a mess. When plaintiff has logic on their side, defense will try to confuse a jury as to what the core issues are – and then play up that plaintiff has burden.
Hey Bea,
What you wrote reminds me of what Kiki wrote about the defense strategy of deliberately “confusing” the jury to get the facts so muddled they’ll vote a certain way. Now I’ll know better the next time I’m called for jury duty. Somehow I don’t think that the U.S. justice system was originally designed to bring about “justice” by confusing the jury as to facts. It’s pretty sad, but I’m glad it came out here. Winning at all costs just doesn’t seem right to me but I guess it means more billable hours and secure employment for some.
Crime does not pay, but lawyers, judges, and police do get paid. The petty venality and vanity of all humans are there in the justice system, and that should not bother us, Susan. In fact, those vices in the roles of defense and plaintiff attorneys become virtues in that the competitive truth will eventually come out of the deliberate fog. And, all the preening and posturing was worth it after all. It’s the lessons of Mandeville’s Fable of the Bees applied to the machinations at Moultrie.
Thanks, Clio. I’m open to this perspective and it does encourage a juror to stay alert and engaged. I appreciate the introduction to Mandeville, as well. There is a lot to read about him and that poem so I will go back to that later.
great post
No doubt Waid’s depo will be taken in Ft. Myers, FL, a three- or four-hour drive from Miami Shores. Hopefully, Dylan and Joe won’t be too busy to make it over to the “West Coast,” though their presence is hardly necessary with competent counsel covering. And, Clio, Northeast 94th Street wasn’t clogged with traffic waiting for in-call appointments with Dylan when I drove past on Wednesday of this past week. Is JP licensed to practice in Florida? No shingle out in front of #550.
Last I looked, Joe wasn’t licensed to practice in Florida (Lil Dyl is licensed to massage, however).
I am heartened that Dyl is not disturbing the peace in Miami Shores, but, then again, his middle-aged and Puckish charms may not be as fashionable in the gateway to Latin America as it may be in the Virginia suburbs.
Joe, I trust, may be doing wills and powers of attorney for bar flies throughout Fauquier County. Florida sans Ma’am probably remains the ultimate goal, but, without cash flow, he must remain tied to Victor. Sad!
Florida without Victor?? Northeast 94th Street is jointly owned with the Ma’am. What’s Joe’s “ultimate-goal” plan for changing that?? ‘course jointly-owned property in Florida does pass to the survivor without probate.
Hmmm, where to place this? At the end of the newest post. (Not gonna place it on a posting that has a photo of Rummy!)
Before Feb 14 is done, I want to send Valentine’s Day greetings to all posters, lurkers and most especially, to our editors who must win the prize for persistence, originality, integrity, etc. From what we’ve heard about Robert, I can imagine his mind would have been in overdrive, thinking up clever, romantic gestures to commemorate the day for his wife and family. Such a loss. But the rest of us can learn from Robert’s grace and carry on his sterling qualities. A Valentine’s Day hug and smooch to all.
Thanks Gloria. You’re all our Valentine Day sweeties. The D oppo to the P’s motions to Compel hit today and we’ll post it tomorrow morning. All 105 pages worth.
Today is “tomorrow,” Craig. Guess I’m UP too early.
Tomorrow Never Knows. The doc goes up shortly.