Friday, December 19, 2008

Yesterday's hearing for "Motion to Dismiss"

While the wheels of justice grind along slowly, slowly is "better safe than sorry."

I found it completely fascinating to be in the courtroom yesterday to see and hear for myself the words, intentions and dynamics among the Judge, the Dulins' 2 attorneys and Matt's attorney.

Okay. Here is my layman's accounting of the 1.5 hour hearing yesterday: The purpose and intent of today's hearing was for the Judge to either grant or deny Baker's motion to dismiss the case. Well, apparently just yesterday Matt's attorney came up with something to throw a monkey wrench in the works and try to buy more time......and more time.......and more time. (Seriously, why doesn't Matt want to get all this truth out there and justify himself and prove his innocence? Why live in limbo year after year after year after year? Doesn't the "truth set you free"?) Ellison (Matt's attorney) e-filed his paperwork way too late and it wasn't in the Judge's possession yet. Not a good move. Everyone was irritated.

Long story short(ish) - Ellison decided that he wanted to challenge all of the Dulin's expert witnesses and testimony. Well, all but the computer expert witness. They challenge their qualifications. The paperwork and Ellison's own words today say something about that the experts aren't doctors. Since when are PhD's not doctors? These experts are well known, top-notch and extremely qualified. If Baker's attorney doesn't recognize these guys' names and extent of their qualifications, well, doesn't say much for his experience in these matters. But I'm thinking that he knows they are qualified and admissible and is just doing anything to delay this case from going to court.

Where the monkey wrench comes in is this: The purpose of this hearing was to either grant or deny Baker's motion to dismiss. That's what the Court was prepared to do. That's what the room of people were there to witness. Ellison brings up this expert witness crud at the last minute. But then he goes on to tell the Judge that he wants to discuss the expert witnesses now. But that's not the purpose of this hearing and you can't just change gears last second with no room for preparation like that. The Judge was brilliant enough to know what was going on. The Judge was prepared to give his finding. BUT if he did so BEFORE the expert witness wrench was cleared up, it would give Baker a HUGE reason to appeal after he's found guilty and the trial is over. Judge went into his chambers for about 30 minutes to research case law and whatnot on this. He HAD to come back without being able to grant/deny Baker's dismissal so things wouldn't get messy later and give Matt reason for appeal. It was a slimy, back-door, desperate act by Baker and Ellison, in my opinion, to delay this even longer.

If you remember one thing about this post, remember this: I would bet every Christmas present under my tree that Judge Strother was ready to deny the motion to dismiss.

Other than the talk of expert witnesses, 90% of the talk was about a continuance and trial dates. He was adamant before he signed the continuance that Ellison get with the Dulins' attorneys POST HASTE and work their schedules for a trial date. It was obvious he thinks this should and will go to trial. Ellison got his continuance granted because he's rather new to the case and needs more time to prepare. AND since he wants to depose and go through the expert witnesses ad nauseum, that will take a few more months. Convenient, eh? I guess if Baker has to pay for all these experts to fly in and take depositions, he'll be starting up new rounds of fundraising. The good people of Kerrville should know where their fundraising money is being spent. Wasted.....in order to delay. For some reason, the available trial dates are 3 months apart. It was set for April 6. The Judge asked Ellison if he could be ready by July 6. Guess what he said? Uh, no, I don't think I can. How about next Fall? Everyone's eyeballs just about popped out. They are going to push for July 6 but it very well could be October 6. Depends on future delay tactics.

Wrap-up: Very good long-term outcome feeling. I like Judge Strother. I think he's honest and on point. The only real bad thing about yesterday was more delays. Personally, I think it just gives more time for lies and contradictions from the defense....and more time for people to come forward with more information to help.

Justice delayed.....is still justice.

15 comments:

suzie said...

Wow--I am so glad you are in this, Shannon. Thanks for this explanation. the stories were all kinda muddy and different on each of the news stations.
suzie

Anonymous said...

Excellent job by Ellison. You may not like it, but that's the way the system works.

jf said...

Here is how the system works: it allows to little girls to live with a murderer. However, this is far from over. The good guys will win in the end and there will be justice. Two little girls will be rescued from the man who killed their mother and the Dulins will see their daughter's killer get what he deserves.
You will see.

Anonymous said...

I saw Ellison on the news. Wow, the guys needs a good haircut. I also did a google search on him. Seems he just ran for DA in kerrville. he lost. he didn't just lose. He REALLY lost.

Anonymous said...

Ohhhhkay.... An excellent job by Ellison would have resulted with Judge Strother granting his motion to dismiss the case altogether.

Let's see. Did that happen? No. Not even close. Based on what Judge Strother has seen so far, he's definately wanting a trial. He was adamant before signing off on a continuance that Ellison get with the Dulins' attorneys and nail that date down. ASAP. Post-haste. Double-dog, pinky swear.

So while, no, I'm not perfectly tickled about how yesterday went.....I'm perfectly optimistic giving what I personally saw, heard and felt from yesterday's hearing.

By the way, Anonymous, were YOU there? If not, you have no idea.

Sleep well.

Shannon

jf said...

Glad you brought back J Cash :). This song says it all.
jf

suzie said...

Shannon,
Do you think the whole thing of Baker's attorneys stepping down (several times) is a calculated ploy to keep this out of court for as long as possible?

Also, I saw on the news that Ellison said poor Baker had lost his job in this. If I remember, Baker's job at the time of his arrest was a sub teacher. He lost it after he ran from the law. What has kept him from getting another job, even if it flipping burgers? Why shouldn't he do all he can to support his daughters. Instead, he is living off of the good people of Kerrville and sending out letters asking for money. Sounds like a slime ball to me.

suzie

Shannon said...

Suzie,
It's certainly a possibility. Either that or the attorneys realize what they are dealing with and find somehow, some way to bolt.

Washington State said...

I have often wondered why some people become attorneys and do everything they can to defend the guilty and delay justice. I just could not live with myself if that were the case. How in the world do they sleep at night?

jf said...

Washington State-
MB can sleep at night because he has no conscience. And his attorney? Well, I just don't understand that either.
jf

Anonymous said...

Shannon, have a great Christmas. If you are in touch with the Dulins, tell them to find comfort in the season and those who care about them (including people they don't know). 2009 will bring justice.
fred

Anonymous said...

I heard "not ready to make nice" by the Dixie Chicks today. thought of the Dulins.

Here is part of the song:

Forgive, sounds good
Forget, I’m not sure I could
They say time heals everything
But I’m still waiting

I’m through with doubt
There’s nothing left for me to figure out
I’ve paid a price
And I’ll keep paying

I’m not ready to make nice
I’m not ready to back down
I’m still mad as hell and
I don’t have time to go round and round and round
It’s too late to make it right
I probably wouldn’t if I could
‘Cause I’m mad as hell
__________
Don't back down, Dulins!

friend in Dallas said...

I laughed at the idea that MB lost his job because of this. The lawyer said he was a teacher. No. He wasn't. He was a Preacher. He lost his job because most churches don't want someone accused of murder and sexual assault in their pulpit. He was not a teacher. he was a substitute. Never was a real teacher.No teaching degree. There was an excellent teacher in his house once. That was Carrie. Matt would like people to think he once had a stable job and was able to pay the bills, but again that was Carrie. Nope. He never did. Still doesn't. Was Matt so delusional to think the Dulins would support him after he killed their daughter? Probably so. I think he belongs behind bars in a looney bin. He creeps everyone out!
Poor girls! Glad they are half Carries and hopefully the good side of their lineage will win out!

Anonymous said...

To friend in Dallas:
matt has been losing jobs for many years. If mr. Baker (sorry. can't call him pastor) had such a great relationship at the church where he was a pastor in Dallas, why did his first (in a long line) attorneys threaten to sue that church (and I am betting this letter went to other churches too) if they gave out any information about him? Now you know why I won't leave my name here. This information isn't known by many but it can be confirmed. I was a member at that church

He was fired at our church. First we reduced his salary to try and push him out. It was a painful experience with him. In fact, the only bright light in his time at our church WAS Kari. We loved her.

It makes me so very sad for kensi and Grace. I knew them well and loved them through the children's programs. Kari loved matt and stood by him through the many problems he had at our church. Look how he repayed her. Pure evil resides in some people.

Kari was a teacher at an elementary school in Richardson ISD, and she was loved. In fact, there is a brick in her memory there from Dallas friends. People were drawn to Kari. Matt never had that impact on people, In fact it was just the opposite.

To the people in Kerrville: be careful. he is not who he pretends to be. I know.

Linda said...

to anon on December 26, 2008 10:21 AM:

Yes, that letter you received was also sent to at least two other churches. We also wondered why someone who had never had "problems" at any places where he had been a minister would worry about what former church members said. Yes, would even welcome these comments. HMMMMMMMM.

While I don't want to discuss Matt, I thank you so much for sharing your love for Kari and her daughters.

I have a favor to ask of you. Kari taught a Beth Moore Bible study while she was at Northlake Baptist. We have been told that this study (over several weeks) was taped. I don't know if this was an audio or a video but it doesn't matter. People have looked for the tapes but haven't been able to find them. If you are still at the church, would you put the word out and maybe get a full-blown search going :)?! This would be a precious gift for me, my husband and the rest of Kari's family. One day, when my granddaughters are free to love their mom without feeling disloyal, they will also treasure these tapes.

If you know anything about the tapes or have more memories of Kari and the girls, send me an email through Shannon's blog :). I would love to hear from you.

Blessings in 2009 to all who come to this blog and share our pursuit of justice for Kari and her girls.
Linda