Friday, February 6, 2009

Update : Motion to Dismiss Denied Today; Trial set for Monday Morning

Finally after 17 months, Attorney Anthony McBeth and I attended our "Motion to Dismiss" hearing before Judge Klienfelter today. He denied our Rule 600 motion and ordered the DA to bring the case before him on Monday morning 2/9 at 8:30.

I was an emotional wreck and voluntarily removed myself from the otherwise empty courtroom. I was having a very hard time sitting there listening to them counting out the days and attributing the DA's delaying tactics to the defense.

While I was sitting out in the hall, I saw clerks scurrying in and out from downstairs with court records in their hands. I assume they were being requested by the judge. The attorney who attended the hearing was at a loss because he had no clue what had transpired over the last 17 months, all he had to go on was an incomplete file that the DA's office had provided him. The judge appeared to be a bit disturbed by the DA's handling of the case. That being the case, I am feeling a lot better now. The DA has no case, otherwise they would have brought it forward a year ago, before Officer Chance went on active duty with the military.

I have to get my witnesses subpoenaed and there on Monday morning at 8:30am for the trial before Judge Klienfelter in Courtroom 4 if they are needed. Best case scenario the case will be dismissed. Next best case scenario, we go to trial right then and there, which is alright by me.

Your support has been and continues to be greatly appreciated. Stay tuned.

Diane

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