Tuesday, December 29, 2009

Yesterday's courthouse visit....

VERY interesting day at the courthouse yesterday. Not your typical pop-in-and-check-on-records trip in the district clerk's office.

There are some VERY interesting people and businesses on the 100+ witness subpoena applications. But I won't get into those here at this time. If you're wondering if you're on the list, you can email me.

Matt has a new attorney (again) assisting Gray in this matter. His name is Harold J. Danford, a big-wig DWI attorney. Go figure. He is the one that drafted the various motions that the Court will take into consideration at the pre-trial hearing tomorrow. Here are some that I copied down along with my layman's interpretation. Keyword "layman."

Motion to Request State to Reveal Agreement
They are dying to know what Matt's *alleged* girlfriend, Vanessa Bulls, told the Grand Jury that secured the immediate indictment for first degree felony murder. The Judge has denied this motion for months. Don't know what his plan is but he's a wise man and we'll see what he does tomorrow. The defense also wants to know what the agreement is between the DA's office and Vanessa that offers her prosecutorial (sp?) immunity in this case. Very understandable. We'll see what the Judge thinks.

Motion to Quash and Exception to Substance of Indictment
They don't like that the indictment doesn't detail one specific manner of death that they need to prepare their defense for.

"Further, the indictment alleges 'by administering drugs and suffocating her with a pillow.' The defendant is entitled to know exactly what charge the State plans to proceed on at trial. This indictment alleges three separate means of murder and the defendant is entitled to know by which means the State plans to proceed. The State must make an election as to which manner and means it intends to proceed to trial under."

All three sentences say the exact same thing. These motions could be reduced to a paragraph if they weren't puffed and fluffed so much. Basically, they're confused on how to direct their defense. Why is that complicated? If he didn't murder her in any manner, he didn't murder her in any manner.

Motion to Quash and Exception to Form of Indictment
Again, discussing which manner of death they need to defend. Also,
"Wherefore, premises considered, Matt Baker prays that the Court quash the
indictment due to the defects of form outlined above, and discharge Matt D.

Good luck with that one.

Motion for Witness List
Well, that's already filed. I got it yesterday. They also are asking for the reports and data of expert witnesses. They want criminal records of each witness showing every conviction or probation for felony or misdemeanor involving moral turpitude which is admissible for impeachment. Sounds like a delay tactic to me. Do your own research if you're that worried.

Motion for Voir Dire of Experts
This would be a hearing prior to trial, sans jury, to discuss qualifications of all expert witnesses and determine the underlying facts and data upon which opinion is based. Not sure if this is what will be hashed out tomorrow or if it will be a separate hearing.

Motion for Recovery of Investigative Expenses
Matt's investigator has billed for another $1,500.

Defendants Motion for Discovery of Experts
Just more wanting info on experts.

The divulging of witnesses is a one-way street, it seems. The State has to post their list of witnesses but the defense does not. It's annoying but it's alright. The evidence is heavily in the State's favor. I can't imagine who or what the defense could call that would outweigh the facts and evidence.

Until tomorrow.....

1 comment:

Anne said...

Shannon, thanks so much for keeping everyone up to date and informed.