Recent content by Marvin Berry

Still 2/12/24 at 2:30pm for case management. The only notable updates to the docket since 1/11 are the attached Answers to Demand for Discovery that list additional evidence provided to Donna's counsel by the State.

The hearing must have happened as there are there are two docket entries from Friday, but no associated documents (yet): CREDIT FOR TIME SERVED - 597 DAYS - CHRG 001 PAYMENT PLAN SET/RESTRUCTURED//SETUP//PLAN 1//DEFENDANT SENTENCED TO LIFE

Here's the stipulated motion confirming that DA/HA did not have a deposition and will not be called at trial.

Agree that 914.04 applies to state attorney interview subpoenas. I suspect HA/DA's attorney will argue that, given the high stakes, they wanted an order from the court confirming immunity before providing testimony. Which isn't entirely unreasonable. But a much better way of handling would...

I'm sure that HA/DA and their attorney knew that they were on the respective witness lists; but they wouldn't officially know until trial subpoenas are issued. That leaves them room to claim ignorance. The issue will be whether the "Interview" subpoena issued to HA & DA imparts them immunity...

A motions hearing has been set for October 9 at 1:30pm ET. Charlie's attorneys have filed motions to suppress evidence taken from wiretaps and to exclude the Dolce recordings/enhancements, hearsay from Lacasse, the divorce filings, testimony concerning CA's attorney's call to police following...

No. The Order to Show Cause asked the state why there should not be an evidentiary hearing. The State responded that it denies the allegations but that there should be a hearing. Will let you know when it is set.

Sigfredo filed a lengthy Pro Se Motion for Post Conviction Relief based on ineffective assistance of counsel during trial and appeal. He clearly had a ghost-writing attorney or paralegal help draft the motion as it's fairly well written. Based on the Order to Show Cause and the State's...

Nothing new on the docket. 10/20 pretrial is still next scheduled hearing.

Yes, next on the docket is a pre-trial hearing on 10/20 @ 9am. The clerk's notes from the 8/25 hearing indicate that pre-trial motions and witness & exhibit lists are due 9/22. Also, an additional CMC may be scheduled between now and the 10/20 hearing if necessary.

Case management conference on 8/25 at 9:00am (nothing before that). There was no hearing on 4/21. Pretrial is still 10/20.

Case management conference that was set for 2/24 has been moved to 2/28 at 10:00am (same time as the hearing on motion to seal the proffers).

Charlie just filed a (short) motion for continuance of trial until late July or August. :mad: Rashbaum says that everyone has been diligent, but they need more time "given the sheer volume of discover, the seriousness of the charges, and the need to complete our own investigation..."

Agreed. The response is well drafted and persuasive. To be fair, Rashbaum didn't have the proffers when he drafted the motion, so it is understandably short on details. I would hope he has more specific points during oral argument (or potentially in a reply brief). I'm also curious whether...

The docket indicates that Katie's proffers were provided to Charlie's counsel yesterday (it says there are 3).