Cyber sleuth
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Plus priv
During the March 18th hearing:
Then I will grant the State's motion for leave
3 of Court to subpoena third party records to the Department of Correction, both
4 of the ones that have been filed
5 MR. ROZZI Judge - I'm sorry, may I, Judge?
6 THE COURT Yes
7
8
9
MR. ROZZI: Id like to speak on that issue, if that's okay
THE COURT: Sure.
MR. ROZZI: Actually, Im opposed to the Court granting that at
10 this point, We're still within the 15-day notice period, and what's going on here
Il is, is that I made a new request on the Department of Corrections after we were
2 reinstated in this case and they had just provided that to me, and there's nothing
13 untimely about any of this, but it just happened I want to say in the last - it was
14 last week. Ms. Gallagher from the DOC has been working with me to try to get
15 that information, and so there - it - and when I received it, we were having a
16 difficulty - we were having difficulty, essentially, recovering that from their
17 software program, which has been one of the - frankly, one of the challenges that
18 we faced. You get discovery from one entity and it comes through Dropbox, and
19 you get it from another entity and it comes through a Google account, and you
20 get it from another entity and they've got their own software program, and so my
21 staff member, up until I think this past Friday, was working with the DOC rep,
22 Ms. Bedwell, to try and get that information converted into a format that we
23 could read. And I do believe Mr McLeland's correct, that I do think that there
24 was information available to me that the DOC had about Mr Allen, medical and
25 psychiatric, when I made the first request that I didn't get; because now that I
Volume 1, Page 79
have kind of a refreshed request, I'm seeing additional stuff. So this is a short -
2 along way of saying I would like a chance to review what I just received before
3,just agree to disclose it, 'cause I don't know what it is, and it's quite voluminous,
4 as you might imagine with medical records. I know one of the files I think that I
5 shared with Mr. McLeland was like 900 pages, so I mean, in fairness, there were
6 some blank pages mixed in there, but my request is, is the Court allow me the
7 15 days or whatever time period is left to file my motion to quash. I really do
8 believe that's probably not gonna happen, because I'm trying to be transparent
9 with Mr. McLeland, I already showed him the first two dumps I got, so I'd like
10 some time to look at that before my
11 THE COURT The 15 days is up March 29i, so it needs to be filed
12 on or before that date.
13 MR. ROZZI. Very good. Thank you.
Emphasis mine (underlined)
March 18, 2024 Motion to Dismiss Hearing.pdf
drive.google.com
Thus my concern. Rozzi objected to the information being given to the prosecution. During a hearing that wasn't even about that issue. That doesn't say to me that the defense was ok with that. Just the opposite. Then Gull granted the motion without hearing. Regardless of what either prosecution or defense do right or wrong, she is ultimately the gatekeeper of evidence. If she is handing out privileged information, then that is a problem. It could be a problem down the road.
I feel like the voluntary Notice of Discovery filed by BR on 3/14/24 at 3:25pm providing the state with medical records from Westville and Wabash kind of makes the motion for leave of court for 3rd Party Records not necessary.
Maybe they got confused with the flurry of filings at the time. But they handed it over willingly.
MOO
