Monday, March 4, 2013
The following motions are scheduled to be heard by Judge Nelson tomorrow beginning at 9 am EST.
This is a request for witness biographies (cover sheets) for each witness that, in addition to name, address, and contact information, list social security numbers, Experian credit reports, driving record, non-conviction arrest information and social media sites to which the witness belongs.
Comment: Good luck with that. Every criminal defense lawyer would love to have that information, but don’t bet the ranch that this request will be granted
2. Defendant’s Demand for Specific Discovery (3 videos)
Comment: This is a mystery request as I do not know what videos the defense is requesting.
MOM is requesting DD’s medical records “regarding any and all medical services rendered during the period 2/26/2012 through 4/30/2012” on the ground that the records “are reasonably calculated to lead to relevant admissible evidence.”
This is a conclusory request in the language of the rule that does not explain why he believes those records “are reasonably calculated to lead to relevant admissible evidence.”
Comment: I believe this request is a mean-spirited invasion of privacy to intimidate the witness and I would deny it in the absence of a reasonable explanation why MOM believes those records “are reasonably calculated to lead to relevant admissible evidence.” If Judge Nelson grants this motion, I think she will insist on reviewing the records in camera (chambers) and selecting what the defense will receive, if anything, according to the procedure she followed with the prosecution’s request for the defendant’s medical records.
If you like this post and the quality of this site, please consider making a secure donation via Paypal by clicking the yellow donation button in the upper right corner just below the search box.