Thursday, July 15th:
*Status Conference hearing for all (@ 10am ET) - GA – Mary Frances Crocker (14) & Elwyn John Crocker, Jr. (‘JR’) (14) (Mary died Oct. 18, 2018, Elwyn died about Nov. 30, 2016 & both discovered Dec. 20, 2018 buried in backyard, Guyton) – *Kimberly Renee Wright (50/now 52) (“step-grandma”) arrested (12/20/18), charged (1/29/19), indicted (3/18/19) & arraigned (4/17/19) & re-arraigned (2/19/20) with 2 counts of malice murder, 2 counts of felony murder for the deaths of Elwyn, Jr. & Mary, 1 count of sexual battery, 4 counts of cruelty to children, 2 counts of false imprisonment & 2 counts of concealing a death. Plead not guilty (2/19/20). No bond. DA will seek DP.
10/3/19: Kim Wright filed in May for a change of venue for her trial. Court documents show Wright is requesting a location similar to Effingham County. The judge has not ruled on the request. See below for rest info.
1/29/21 Motions filed by Nathanial Studelska: motion 1.3 motion reserving the right to file additional motions; motion 1.4 notice of intent to abide by the American bar association guidelines for the appointment & performance of defense counsel in death penalty case; motion 1.5 defendant's assertion of fourth amendment rights & revocation of any prior waivers; motion 1.6 defendant's assertion of fifth & sixth amendment rights & revocation of any prior waivers; motion 1.7 notice of non-waiver of rights; motion 1.8 motion for complete recordation ^ transcript of all pre-trial & trial proceedings; motion 1.9 motion for an order requiring the district attorney to respond in writing to each motion which is contested by the state; motion 1.10 notice of defendant's election to proceed under ocga 17-16-1 et seq; motion 1.11 motion for Kimberly Wright to be present; motion 1.12 motion for the court reporter's tapes & notes to be made part of the record of these proceedings; motion 1.13 motion for all evidentiary matters to be heard in camera; motion 1.14 motion to require investigative agencies to preserve notes on all interview & investigative actions; motion 1.15 motion for an order to preserve all evidence & to preclude any additional state testing or examination of evidence that would alter, reduce, or destroy evidence without notice to the defenses & prior court approval; motion 1.16 motion for leave to proceed ex; motion 1.17 motion for disclosure of any improper bias or prejudice, grounds for any legal claim or possible baes for disqualification of district attorney court personnel or other state actors involved in any way in this case; motion 1.18 motion for disclosure of any possible basis for recusal of judge; motion 1.19 motion to prevent ex-parte communications between the state & the court; motion 1.20 motion to narr.; motion 1.22 motion to adopt & conform applicable motions of the co-defendants; motion 1.23 motion for severance & for separate trials; motion 1.24 motion to dismiss the indictment due to the unconstitutional composition of the grand jury; motion 2.1 motion for disclosure of deals with witnesses; motion 2.2 motion to compel disclosure of confidential informants; motion 2.3 motion for disclosure of favorable information; motion 2.4 motion for production of Georgia bureau of investigation crime laboratory written & recorded materials regarding this case, including autopsy reports, autopsy; motion 2.5 motion for production of scientific & expert reports; motion 2.6 motion for discovery of information regarding state experts; motion 2.7 motion for order permitting discovery of transcript, exhibits, other memorialization of the grand jury proceedings, and list of grand jury members; motion 2.8 motion to produce photographs in original format; motion 2.9 motion to inspect, examine & test physical evidence; motion 2.10 motion for disclosure of similar or extrinsic act evidence & for a pre-trial hearing to determine the admissibility of any acts alleged by the state to be similar transactions; motion 2.11 motion for disclosure of all criminal records of state witnesses; motion 2.12 motion for disclosure of psychiatric history of state's witnesses; motion 2.13 motion for an order directing the state to provide dates of birth & social security numbers of all state's witnesses; motion 2.14 motion to require the state to proceed all information regarding procedures used to identify defendant as the alleged perpetrator in this case; motion 2.15 motion to examine audio & video recorded evidence, to examine official transcripts for accuracy on Kimberly Wright's behalf; motion 2.16 motion to require the state to disclose any exculpatory or impeaching information that was told to the prosecutor in private or during her preparation for trial; motion 3.1 motion to strike & declare unconstitutional ocga 16-5-1; motion 3.2 plea in bar & motion for discharge & acquittal pursuant to ocga 17-7-170; motion 3.3 special demurrer & motion to dismiss indictment; motion 4.1 motion to limit use of the word "murder"; motion 4.2 motion to invoke the rule of sequestration prior to voir dire, to prohibit witnesses from conversing, and to enjoin the district attorney from advising witnesses of previous testimony of witnesses; motion 4.3 motion for daily transcript; motion 4.4 non-particularized motion to suppress; motion 4.5 motion to suppress *imberly Wright's statements & for a pre-trial Jackson v. Denno hearing; motion 4.6 motion in limine to preclude prejudicial information, the indictment, and the names of the grand jurors from being revealed to the trial jurors; motion 4.7 defendant's motion in limine to prohibit the state from introducing any hearsay evidence in violation of the confrontation clause and/or the rules of evidence; motion 4.8 defendant's objection to admission of reports from state crime laboratory; motion 4.9 motion in limine to preclude evidence relating to the good character of the victim and/or victim impact evidence during the first phase of the trial; motion 4.10 motion in limine to prohibit any testimony or evidence which would put defendant's character at issue & to exclude improper rebuttal; motion 4.11 motion for an order appointing an impartial witness monitor.
2/1/21 Motions filed by Nathaniel Studelska: motion 4.12 motion to exclude members of the police department & members of other law enforcement agencies from sitting in the courtroom in uniform; motion 4.13 motion to bar the use of a react stun belt or similar electrical shocking device on the defendant; motion 4.14 motion to bar introduction of any evidence relating to prior bad acts; motion 4.15 motion to preclude admission of gruesome & highly prejudicial color photographs of deceased and to limit the use of photographs to relevant, non-prejudicial & non-duplicative evidence; motion 4.16 motion for a courtroom decorum order to ensure a fair trial; motion 4.17 defendant's motion to conduct pre-trial hearing on admissibility of hearsay offered under the "necessity exception" or hearsay evidence offered "to explain conduct"; motion 4.18 motion to prohibit the introduction of codefendant's testimonial statements against Kimberly Wright; motion 4.19 motion to adjourn at a reasonable time; motion 4.20 motion to extend time for closing argument; motion 4.21 motion to exclude snitch testimony; motion 5.1 motion to require the state to disclose information that would be favorable to the defense at the penalty phase; motion 5.2 motion to prevent introduction of non-statutory aggravating evidence including victim impact; motion 5.3 motion for an order requiring the production of all matters in involving victim impact evidence pursuant to the provisions of OCGA 17-10-1.1 & 17-10-1.2 & for an order setting a pretrial turner hearing on the state's proposed victim impact trial presentation; motion 5.4 motion to bar the introduction of citim impact evidence, or for pretrial hearing for the purpose of reviewing & limiting such evidence; motion 5.5 motion in limine to prohibit the state from introducing any hearsay evidence in violation of the confrontation clause at the sentencing phase; motion 5.6 motion to insure that mitigating circumstances receive their due weight & attention from the jury; motion 5.7 motion to strike as unconstitutional the Georgia statutes providing for the imposition of the death penalty & their application to this case; motion 5.8 motion to declare OCGA 17=10--30 unconstitutional for violations of due process; motion 5.9 plea in bar to prevent the state from seeking the death penalty on the grounds of disproportionality; motion 5.10 motion to strike as unconstitutional the Georgia statutes providing for the imposition of the death penalty because they do not genuinely narrow the class of persons eligible for the death penalty; motion 5.11 motion to strike as unconstitutional the Georgia statutes providing for the imposition of the death penalty because the death penalty serves no legitimate penological purpose; motion 5.12 motion to strike as unconstitutional the Georgia statutes providing for the imposition of the death penalty & their application to this case because the death penalty is applied arbitrarily; motion 5.13 motion to declare as unconstitutional the provisions of OCGA 16-5-1 & OCGA 17-10-30 which allow for the death penalty without proof that the defendant had a culpable mens rea as to the killings; motion 5.14 motion to bar death penalty bases upon the international covenant on civil & political rights & customary international law; motion 5.15 motion to strike as unconstitutional the Georgia statutes providing for the imposition of the death penalty because the death penalty is cruel & unusual punishment in all cases; motion 5.16 motion to declare OCGA 17-10-30 et seq. unconstitutional because Georgia's death penalty statutory scheme does not require a jury not find beyond a reasonable doubt all requisite facts necessary for a death sentence to be constitutionally imposed upon a capital defendant as required by ring & appendix; motion 5.17 motion to strike as unconstitutional articles regarding the imposition of the death penalty in chapter 10 of title 17 of the official code of Georgia annotated including OCGA 17-10-30, 17-10-31, & 17-10-33; motion 5.18 motion to declare the execution process of lethal injection unconstitutional; motion 6.1 motion to dismiss the indictment due to the unconstitutional composition of the petit jury; motion 6.2 motion to require the court to establish the race, gender, and ethnicity of every prospective juror; motion 6.3 motion for a special venire that represents a cross-section of the community, for personal service on those jurors who do not respond to summons & for the court to determine all excusals; motion 6.4 motion to disqualify all potential jurors who knew or were acquainted with the victims or their families; motion 6.5 motion for an order requiring that the bailiffs oaths of office; motion 6.7 motion to prevent death qualification of the jury; motion 6.8 motion for a daily transcript of all voir dire proceedings; motion 6.9 motion for instructions to the victim's family & other spectators to refrain from showing emotion in the courtroom; motion 6.11 motion for an order allowing Kimberly Wright to exercise her challenges for cause outside the present of the panel members; motion 6.12 motion to restrict judicial rehabilitation of potential jurors regarding death & life qualification; motion 6.13 motion for compensation at current wages & reimbursement to primary caregivers for day care costs for jurors; motion 6.14 motion to preclude the use of the preliminary jury qualification questions in OCGA 15-12-164; motion 6.15 motion for submission of a juror information questionnaire to all prospective jurors; motion 6.16 motion for an order expanding time for preparation for jury selection; motion 6.17 motion for individual voir dire of jurors & sequestration of jurors during voir dire; motion 6.18 motion to instruct the jury at the start of the trial about the grand jury indictment proceedings; motion 6.19 motion to require that the jurors handwritten notes be made a part of the record of this case; motion 6.20 motion for an order appointing non-law enforcement personnel as jury bailiffs; motion 6.21 motion to limit conversations between jurors & bailiffs; motion 6.22 motion for an order directing that alternate jurors not be public identified until the deliberation process begins; motion 6.23 motion to protect jury from exposure to victim's family or friends; motion 6.24 motion to disclose the past & present relationships, associations, and ties between the district attorney & prospective jurors & to disclose records about prospective jurors in the prosecutor's possession; motion 6.25 motion to prevent prejudicial security measures; motion 6.26 motion for additional peremptory challenges; motion 6.27 motion in limine to bar improper closing argument by prosecution; motion 6.10 motion for an order; Motion: index of motions filed by Kimberly Wright between January 29, 2021 & February 1, 2021.
6/11/21: Motions filed by Matthew Breedon. Motion #1.3: State's response to defendant's motion reserving the right to file additional motions. Motion #1.5: State's response to defendant's assertion of 4th amendment rights & revocation of any prior waivers. Motion #1.6: State's response to defendant's assertion of fifth & sixth amendment of rights & revocation of any prior waivers. Motion #1.8: State's response to defendant's motion for complete recordation ^ transcript of all pre-trial ^ trial proceedings. Motion #1.9: State's response to defendant's motion for an order requiring the district attorney to respond in writing to each motion which is contested by the state. Motion #1.11: State's response to defendant's motion for Kimberly Renee Wright to be present. Motion #1.12: State's response to defendant's motion for the court reporter's tapes & notes to be made a part of the record of these proceedings. Motion #1.13: State's response to defendant's motion for all evidentiary matters to be heard in camera. Motion #1.14: State's response to defendant's motion to require investigative agencies to preserve notes on all interviews & investigative actions. Motion #1.15: State's response to defendant's motion for an order to preserve all evidence & preclude any state testing or examination of evidence that would alter, reduce or destroy evidence without notice to the defense & prior court approval. Motion #1.16: State's response to defendant's motion for leave to proceeds ex-parte, in camera & on a sealed record with regard to matters involving expert & investigative assistance. Motion #1.17: State's response to defendant's motion for disclosure of any improper bias or prejudice, grounds for any legal claim or possible basis for disqualification of district attorney, or other state actors involved in this case. Motion #1.18: State's response to defendant's motion for disclosure of any possible basis for recusal of judge. Motion #1.19: State's response to defendant's motion to prevent ex-parte communication between the State & the Court. Motion #1.20: State's response to defendant's motion to narrow the issues. Motion #1.21: State's response to defendant's motion for an order requiring the State to elect between malice murder & felony murder. Motion #1.22: State's response to defendant's motion to adopt & conform applicable motions of other defendants. Motion #1.23: State's response to defendant's motion for severance & separate trial. Motion #1.24: State's response to defendant's motion to dismiss the indictment due to unconstitutional composition of the grand jury. Motion #2.1: State's response to defendant's motion for disclosure of deals with witnesses. Motion #2.2: State's response to compel disclosure of confidential informants. Motion #2.3: State's response to defendant's motion for disclosure of favorable information. Motion 2.5: State's response to defendant's motion for production of scientific & expert reports. Motion 2.6: State's response to defendant's motion for discovery of information regarding state experts. Motion 2.7: State's response to defendant's motion for order permitting discovery of transcript, exhibits, other memorialization of the grand jury proceedings & list of grand jury members. Motion 2.8: State's response to defendant's motion to produce photographs in original format. Motion 2.9: State's response to defendant's motion to inspect, examine & test physical evidence. Motion 2.10: State's response to defendant's motion for disclosure of similar or extrinsic act evidence & for a pretrial hearing to determine the admissibility of any acts alleged by the State to be similar transactions. Motion 2.11: State's response to defendant's motion for disclosure of all criminal records of state witnesses. Motion 2.16: State's response to defendant's motion for disclosure of psychiatric history of state's witnesses. Motion 2.13: State's response to defendant's motion for an order directing the State to provide dates of birth & social security numbers of all State's witnesses. Motion 2.14: State's response to defendant's motion to require the state to provide all information regarding procedure used to identify defendant as the alleged perpetrators in this case. Motion 2.15: State's response to defendant's motion to examine audio & video recorded evidence, to examine official transcripts for accuracy. Motion 2.16: State's response to motion to require the State to disclose any exculpatory or impeaching information that was told to the prosecutor in private or during her preparation for trial. Motion 3.1: State's response to defendant's motion to strike & declare un-constitutional o.c.g.a. 16-5-1. Motion 3.1: State's response to defendant's plea in bar & motions for discharge & acquittal pursuant to o.c.g.a. 17-7-170 process. Motion 3.3: State's response to defendant's motion to dismiss indictment. Motion 4.1: State's response to defendant's motion to restrict use of the word "murder". Motion 4.2: State's response to defendant's motion to invoke the rule of sequestration prior to voir dire, to prohibit witnesses from conversing & to enjoin the district attorney from advising witnesses of previous testimony of witnesses. Motion 4.3: State's response to defendant's motion to daily transcript. Motion 4.4: State's motion to dismiss defendant's non-particularized motion to suppress. Motion 4.6: State's response to defendant's motion to remove the names of the grand jurors & State's witnesses from being revealed to the trial jurors or, in the alternative, to prohibit the indictment from being sent out with the jury. Motion 4.7: State's response to defendant's motion in Limine to prohibit the State from introducing any hearsay evidence in violation of the confrontation clause and/or the rules of evidence. Motion 4.8: State's response to defendant's objection to admission of reports from state crime laboratory. Rule 4.9: State's response to defendant's motion in Limine to preclude evidence relating to the good character of the victims and/or victim impact evidence during the first phase of the trial. Motion 4.10: State's response to defendant's motion in :imine to prohibit any testimony or evidence which would put defendant's character at issue & to exclude improper rebuttal. Motion 4.11: State's response to defendant's motion for an order appointing an impartial witness monitor. Motion 4.12: State's response to defendant's motion to exclude members of the police department & members of other law enforcement agencies from sitting in the courtroom in uniform. Motion 4.13: State's response to defendant's motion to bar the use of a react stun belt or similar electrical shocking device on the defendant. Motion 4.14: State's response to defendant's motion to bar introduction of any evidence relating to prior bad acts. Motion 4.15: State's motion to preclude admission of gruesome & highly prejudicial color photography of deceased & to limit the use of photographs to relevant, non-prejudicial & non-duplicative evidence. Motion 4.16: State's motion for a courtroom decorum order to ensure a fair trial. Motion 4.17: State's response to defendant's motion to conduct pre-trial hearing on admissibility of hearsay offered under the "necessity exception" or hearsay evidence offered "to explain conduct". Motion 4.18: State's response to motion to prohibit the introduction of co-defendant's testimonial statements against Kimberly Renee Wright. Motion 4.19: State's response to defendant's motion to adjourn at a reasonable time. Motion 4.20: State's response to defendant's motion to extend time for closing argument. Motion 4.21: State's response to defendant's motion to exclude snitch testimony. Motion 5.1: State's response to defendant's motion to require the statute to disclose information that would be favorable to the defense at the penalty phase. Motion 5.2: State's response to defendant's motion to prevent introduction of non-statutory aggravating evidence including victim impact. Motion 5.3: State's response to defendant's motion for an order requiring the production of all matters involving victim impact evidence & for an order setting a pretrial turner hearing. Motion 5.4: State's response to defendant's motion to bar the introduction of victim impact evidence or for pre-trial hearing for the purpose of reviewing & limiting such evidence. Motion 5.5: State's response to defendant's motion in :imine to prohibit the state from introducing any hearsay evidence in violation of the confrontation clause at the sentencing phase. Motion 5.6: State's response to defendant's motion to insure that mitigating circumstances receive their due weight & attention from the jury. Motion 5.7: State's response to defendant's motion to strike as unconstitutional the Georgia statues providing for the imposition of the death penalty & their application to this case. Motion 5.8: State's response to defendant's motion to declare o.c.g.a. 17-10-30 unconstitutional for violations of due process. Motion 5.9: State's response to defendant's plea in bar to prevent the state from seeking the death penalty on the grounds of disproportionality. Motion 5.10: State's response to defendant's motion to strike as unconstitutional the Georgia statues providing for the imposition of the death penalty because they do no genuinely narrow the class of persons eligible for the death penalty. Motion 5.11: State's response to defendant's motion to strike as unconstitutional the Georgia statues providing for the imposition of the death penalty because the death penalty serves no legitimate penological purpose. Motion 5.12: State's response to defendant's motion to strike as unconstitutional the Georgia statues providing for the imposition of the death penalty & their application to this case because the death penalty is applied arbitrarily. Motion 5.13: State's response to defendant's motion to declare as unconstitutional the provisions of ocga 16-5-1 & 17-10-30 which allow for the death penalty without proof that the defendant had a culpable mens rea as to the killings. Motion 5.14: State's response to defendant's motion to bar death penalty based upon the international covenant on civil & political rights & customary international law. Motion 5.15: State's response to defendant's motion to strike as unconstitutional the Georgia statues providing for the death penalty as cruel & unusual punishment in all cases. Motion 5.16: State's response to defendant's motion to declare ocga 17-10-35 & 17-10-30 et seq. unconstitutional because Georgia' death penalty statutory scheme does not require a jury to find beyond a reasonable doubt all requisite facts necessary for a death sentence to be constitutionally imposed upon a capital defendant as required by ring & appendix. Motion 5.17: State's response to defendant's motion to strike as un-constitutional articles regarding the imposition of the death penalty in chapter 10 of title 17 of the official code of Georgia annotated, including ocga 17-10-30, 17-10-31 & 17-10-33. Motion 5.18: State's response to opposition to motion to declare the execution process of lethal injection unconstitutional. Motion 6.1: State's response to defendant's motion to strike the jury array due to dismiss the indictment due to the unconstitutional composition of the petit jury. Motion 6.2: State's response to defendant's motion to require the court to establish the race, gender & ethnicity of every prospective juror. Motion 6.3: State's response to defendant's motion for a special venire that represents a cross-section of the community, for personal service on potential jurors who do not respond to their summons & for the court to determine all excusals. Motion 6.4: State's response to defendant's motion to disqualify all potential jurors who knew or were acquainted with the victims or their families. Motion 6.5: State's response to defendant's motion for an order requiring that the bailiff's oaths of office be administered publicly & in the presence of the assemble jurors. Motion 6.8: State's response to defendant's motion to shuffle the jury venire. Motion 6.7: State's response to defendant's motion to prevent death qualification of the jury. Motion 6.8: State's response to defendant's motion for daily transcript of all voir dire proceedings. Motion 6.9: State's response to defendant's motion for instructions to the victim's family & other spectators to refrain from showing emotion in the courtroom. Motion 6.10: State's response to defendant's motion for an order allowing Kimberly Wright to exercise her peremptory strikes outside the presence of the panel members. Motion 6.11: State's response to defendant's motion for an order allowing Kimberly Wright to exercise her challenges for cause outside the presence of the panel members. Motion 6.12: State's response to defendant's motion to restrict judicial rehabilitation of potential jurors regarding death & life qualification. Motion 6.13: State's response to defendant's motion for compensation at current wages & reimbursement to primary caregivers for daycare costs. Motion 6.14: State's response to defendant's motion to preclude the use of the preliminary jury qualification questions in ocga 15-12-164. Motion 6.15: State's response to defendant's motion for submission of a juror information questionnaire to all prospective jurors. Motion 6.16: State's response to defendant's motion for an order expanding time for preparation for jury selection. Motion 6.17: State's response to defendant's motion for individual voir dire & sequestering of jurors during voir dire. Motion 6.18: State's response to defendant's motion to instruct the jury at the start of trial about the grand jury indictment procedures. Motion 6.19: State's response to defendant's motion to require that the juror handwritten notes be made a part of the record. Motion 6.20: State's response to defendant's motion for an order appointing non-law enforcement personnel as jury bailiffs. Motion 6.21: State's response to defendant's motion to limit conversations between jurors & bailiffs. Motion 6.22: State's response to defendant's motion for an order directing that alternate jurors not be publicly identified until the deliberation process begins. Motion 6.23: State's response to defendant's motion to protect the jury room exposure to victim's family or friends. Motion 6.24: State's response to defendant's motion to disclose the past & present relationships, associations & ties between the district attorney & prospective jurors & to disclose records about prospective jurors in the prosecutor's possession. Motion 6.24: State's response to defendant's motion to prevent prejudicial security measures. Motion 6.26: State's response to defendant's motion for additional peremptory challenges. Motion 6.27: State's response to defendant's motion in limine to bar improper closing argument by prosecution. Motion: State's motion to dismiss demand for speedy trial.
6/15/21 Update: Notice of status conference hearing on 7/15/21. 7/13/21: Order-Media Order for WTOC-TV on 7/15/21.
