Gallegos gets a bit of a dress down in defense's oral arguments before the court today in Ferrer case

Gallegos's decision to edit, leave out statements in Ferrer case was called incorrect by defense counsel, Benjamin Okin who represents Sophie Rocheleau  and he was told to listen to interviews by Ms. Jennifer Dixon, who represents Nicholas Stoiber.

Mr. Gallegos suggested that statements implicating other co-defendants could simply be excluded and redacted and this was challenged by all three defense counsel.

"I think Mr. Gallegos incorrectly purports..." said  Mr. Okin. He said that Mr. Gallegos thinks by changing pronouns from we to I cannot prevent the reason all three defense counsel are requesting cases to be severed.

"These statements cannot be carved out by scapel," said Mr. Okin. "It is not possible to  not use the statements in their entirety. Without the statements of the three defendants, there is no case. The only way to proceed is to sever all three cases"

Mr. Marek Reavis who represents Juan Ferrer said, "All the statements are intertwined, there is no way these statements can be parsed.. This case is one rope with many threads, many different colors."

Ms. Dixon brought up the point that there were audio recordings that could not have statements edited or redacted, as Mr. Gallegos suggests. She said there were approximately 300 to 400 pages of testimony. "I invite Mr. Gallegos to listen to the interviews."

When the hearing started, Mr. Reavis said he did not oppose the decision to sever. He mentioned he did not have discovery from the D.A' 's office he had requested. When Mr. Gallegos said he had not seen the motion for discovery, Mr. Reavis pointed out that at the last hearing, ADA Kelly Neel had been present and she had given some of the discovery requested to Mr. Reavis.

The discovery that all defense counsel still need is notes from the autopsy, notes from the pathologist, X-rays and medical reports.

Mr. Gallegos made an oral argument that instead of severing the cases, statements that implicated a co-defendant could be excluded or jury instructions could be given to jurors. "Three people engaged in the same conduct", he said and that it would be premature at this time to sever the cases.

He also offered to give to the Court a draft of proposed statements that would be used in the jury trial and Judge Reinholtsen said that he would let Mr. Gallegos submit the draft which he would review and in two weeks make a ruling on whether cases need to tried together or separately. Mr. Gallegos said that the audio recordings could be addressed with instructions to the jury.