"Every week we come back and hear the same excuse"; attorneys in Ferrer case express frustration with delays by Gallegos

Today in Courtroom 4, the Ferrer case was scheduled for status of discovery and a motion to dismiss the case against Sophie Rocheleau. Paul Gallegos, who is prosecuting the case, has missed several court dates and hearings have been continued several times.

That happened again today. ADA Kelly Neel told the court when the hearing was underway that Mr. Gallegos is ill and that decisions regarding issues brought up by Mr. Marek Reavis, who represents Juan Ferrer, and Mr. Benjamin Okin, who represents Rocheleau, be discussed when Mr. Gallegos is back next week.

The next hearing is scheduled for October 6 at 2 p.m. due to scheduling and having everyone present.

"Every week we come back and hear the same excuse," was Mr. Reavis' response and frustration when Ms. Neel responded to his statements.

Several times, Mr. Reavis and the co-defendants' attorneys have requested X-rays and information on autopsy essential to their case, and finally today, only Mr. Reavis received two CDS, both which he said were duplicates. There were two dozen "images that had never been discovered before, according to Mr. Reavis." He told the Judge that "this is material that should have been discovered the first week."

 He told Judge Reinholtsen he renews his request for sanctions. Mr.Okin and Ms. Jennifer Dixon who represents Nicholas Stoiber did not even get these CDS.

Ms. Neel said that she contacted Deputy Coroner Roy Horton and there are two CDS, one from Mad River Hospital, one with Dr. Super. She said she was not prepared to "address discovery issues."

When Ms, Neel requested that the 995 motion to dismiss the case against Sophie Rocheleau be put off until Mr. Gallegos is present., Mr. Okin said he objected. "I have a history of no response. We kept coming back several times for severance of the cases, now twice for the 995 motion. We sit around for two hours every time."

Judge Reinholtsen responded with, "Mr. Gallegos is ill." Judge Reinholtsen also refused the oral request for sanctions stating that he needed both sides to have written statements.

Mr. Gallegos is currently prosecuting the Eddie Lee case which is dark as of today until next Tuesday. He may indeed be ill, but as of yesterday, he seemed fine in Courtroom 1. A search of the posts covering this case on this blog will show that Mr. Okin and Mr. Reavis are correct. Ms. Neel is a trooper but first Mr. Gallegos "hung DDA Zach Curtis" out to dry. Now he puts Ms. Neel in an awkward position at the last minute. He knew this date and the issues that needed to be addressed. He is ill-prepared for a trial he is currently prosecuting. When he does show up for the Ferrer case, he isn't prepared. He has not been ill for the past few months since he first took on the case.

The victim deserves better. The defendants deserve better. The People deserve better.

Some of the previous posts:

http://johnchiv.blogspot.com/2014/09/ferrer-cases-joined-back-again.html

http://johnchiv.blogspot.com/2014/09/sidebar-conversation-heard-between-paul.html

http://johnchiv.blogspot.com/2014/08/motion-to-sever-in-ferrer-granted.html