Motion to sever in Ferrer granted, Gallegos does not show up, hangs DDA Curtis out to dry

Issues of discovery, Motion to sever the cases of Juan Ferrer, Nicholas Stoiber and Sophie Rocheleau, and transcripts with statements that were to be redacted by the People were due to be heard this afternoon.

Defense attorneys for all three defendants are still awaiting discovery and District Attorney Paul Gallegos who opposed the motion to sever already had the case continued once and did not even show up for Court today. Instead Mr. Gallegos' instruction was to have DDA Zach Curtis ask for another week's continuance with no reason, again.

The defense attorneys were frustrated and asked their motion to sever be granted. Judge Dale Reinholtsen said he cannot rule if People have not responded.When DDA Zach Curtis was asked to comment he said it was not his case and he is not familiar with the case. Mr. Curtis added if defense attorneys were going to criticize Mr. Gallegos, "it is more appropriate to have Mr. Gallegos here."

Mr. Marek Reavis, who represents Ferrer, responded with, "I agree."

Mr. Curtis's remarks came after defense attorneys took Mr. Gallegos to task for the delays and referring back to their original arguments why the cases should be severed.

Mr. Reavis said he had not received discovery relating to x-rays taken at the victim's autopsy. This is essential for at least one defense expert and dates cannot be scheduled until defense gets this discovery. In previous court hearings, Mr. Gallegos has promised twice to get discovery to the defense and acts surprised as if it is the first time he had heard their request.

Mr. Benjamin Okin, attorney for Sophie Rocheleau, pointed out that the original motion to sever was filed June 18. He also reiterated the x-ray discovery request. Mr. Okin told Judge Reinholtsen that he had not received any lab notes; in fact he did not even know if they existed.

Mr. Reavis, said in his last email to Mr. Gallegos, which was approximately two weeks ago, "I accused Mr. Gallegos of not being familiar with the case. We are 8 to 9 months down the road. I object to any continuance."

Mr. Reavis said Mr. Gallegos's arguments last time when he opposed the motion to sever was based in general theory, not evidence.

Mr. Okin brought up the point he made last time in court about issues with altering transcripts based on what Mr. Gallegos  was suggesting. Mr. Okin said it "is not as simple as changing a pronoun."

Eventually, Judge Reinholtsen granted the motion to sever. August 18 is the next court date for a Disposition/Reset hearing at 2 p.m. in Courtroom 4. Both Mr. Okin and Ms. Jennifer Dixon, who represents Nicholas Stoiber, said they may "pull the time waiver" they agreed to for their clients.

Previous posts:

http://johnchiv.blogspot.com/2014/07/paul-requests-two-more-weeks-in-ferrer.html

http://johnchiv.blogspot.com/2014/07/gallegos-gets-dress-down-in-defenses.html

http://johnchiv.blogspot.com/2014/07/motion-to-sever-ferrer-stoiber-and.html