The Honorable Judge Stan Strickland ordered several things on an AMENDED PROPOSED ORDER SETTING DISCOVERY, MOTION and HEARING DEADLINES and TRIAL DATE that was filed on Friday and released today. Here are the highlights of the order:
DISCOVERY ORDER AS TO EXPERT WITNESSES
(a) September 30, 2010 - Depositions of expert witnesses of the state completed
(b) October 31, 2010 - Evidence eview by any defense expert witnesses completed
(c) Defendant shall (1) list all expert witnesses she intends to call at hearing or trial, (2) provide any reports prepared by those witnessess and (3) file any motions related to forensic/scientific evidence by November 30, 2010
(d) Depositions of expert witnesses by Defendant completed by February 28, 2011
(e) Motions related to forensic/scientific evidence heard no later than February 28, 2011
DISCOVERY ORDER AS TO LAW ENFORCEMENT WITNESSES
(a) Depositions of law enforcement officers and personnel completed by September 30, 2010
(b) All non-forensic evidentialry motions filed by October 31, 2010 and heard no later than January 31, 2011
DISCOVERY ORDER AS TO ALL OTHER WITNESSES
(a) All other witnesses listed by August 31, 2010
(b) Depositions of all other witnesses by October 31, 2010
GENERAL DISCOVERY ORDER
Once a witness becomes known to the Defendant, she shall decide within 30 days whether the witness will be listed pursuant to F.R.C.P. 3.220 (d)(1)(A). In no event shall any witness be listed or deposed by either party outside the time limits in the order. Any party must show good cause for any delay in the Court Order. In other words, have all your ducks in a row, people.
ORDER AS TO ALL OTHER MOTIONS
Non-forensic/scientific legal motions requiring no testimony filed and heard by January 31, 2011
ORDER AS TO PENALTY PHASE WITNESSES
Discovery schedule for penalty phase witnesses will be addressed on June 2010
THIS CAUSE IS HEREBY SET FOR TRIAL BEGINNING MAY 9, 2011
Time and location to be determined by further order of Judge Strickland’s Court
DONE AND ORDERED in Chambers on March 5, 2010
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Let’s examine F.R.C.P. 3.220 (d)(1)(A) so we can understand it’s meaning…
(d) Defendant’s Obligation.
(1) If a defendant elects to participate in discovery, either through filing the appropriate notice or by participating in any discovery process, including the taking of a discovery deposition, the following disclosures shall be made:
(A) Within 15 days after receipt by the defendant of the Discovery Exhibit furnished by the prosecutor pursuant to subdivision (b)(1)(A) of this rule, the defendant shall furnish to the prosecutor a written list of the names and addresses of all witnesses whom the defendant expects to call as witnesses at the trial or hearing. When the prosecutor subpoenas a witness whose name has been furnished by the defendant, except for trial subpoenas, the rules applicable to the taking of depositions shall apply.
Casey elected to participate in discovery from the beginning. That’s why we get to see the goods. This is a mere formality and tells us nothing we didn’t already know. The judge must write this so there are no issues later on. It’s a reminder. This also means that as new evidence and witnesses arise, we will get to see the information, especially after all the deadlines are through. I expect to see more.
Too bad for Casey 2011 isn’t a leap year. I’m sure the defense could use the extra day. One more thing… to those who continue to gripe about the defense stalling, this is an order, DONE AND ORDERED, by and from the judge, not Baez. If May 9, 2011 does not suit anyone’s fancy, I suggest taking it up with the court. I will gladly provide his address.
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I opted to condense the order, but the information is there. You can click on the link to the PDF file at the beginning of the post, or you can click on the image below to enlarge it.
