Jan 10, 2020

Defense files public records act regarding former EPD officer Linfoot including the Tommy Clain settlement



Assault suspect Clayton Lasinski jury trial was scheduled to start on January 13. It was continued to January 21 because of courtroom availability. The defense had filed a last minute motion to continue that was denied by Judge Christopher Wilson without prejudice.

Conflict Counsel Supervising Attorney Meagan O'Connell appeared in court today for her office. Deputy Conflict Counsel R.J. Leohner is Lasinski's attorney.

Deputy DA Trent Timm is the lead prosecutor for the case. Deputy DA Jane Mackie is second chair and today she was the main one to  present arguments opposing the motion to continue.

Ms. O' Connell said that Mr. Leohner had made a public records act request regarding Officer Stephen Linfoot and that this pertained to the settlement in federal court about the settlement of the Tommy McClain wrongful death lawsuit.

Both Ms. Mackie and Judge Wilson asked when Mr. Leohner made this request. Ms. Mackie said the Court should not consider the motion to continue and that it was not timely. Judge Wilson mentioned there had already been a Pitchess motion in the case. It was denied.

Ms. O'Connell said that Mr. Leohner became concerned when he reviewed EPD bodycan footage and there was none from Officer Linfoot. She mentioned that Linfoot was no longer with EPD and that another civil suit had been mentioned.

After Judge Wilson's ruling, Ms. O'Connell said there will be more motions forthcoming, including more information as requested by Judge Wilson on when Mr. Leohner made the request for the PRA.

Judge Wilson agreed with the People saying this case had been pending for a long tome, there was a lot of preparation. Judge Wilson said that at trial confirmation, he noticed that some documents should have been subpoenaed two years ago. "Is this a last minute scramble because Mr. Leohner is not ready for trial?"

Ms. O'Connell said that Lasinski's criminal proceedings were suspended due to PC 1368 and due to staffing, Lasinski has had a few attorneys.

Mr. Timm said the DA's office was ready to proceed. They had filed trial briefs, a witness list and long form questionnaire and that Mr. Leohner had not filed anything. Mr. Timm said that Mr. Leohner had several opportunities to meet with Lasinski questioning the timing of this motion. The DA's office said that if Mr. Leohner is not ready for trial,he should state so.

Lasinski is charged with 16 counts, all resulting from him fleeing from a traffic spot and leading law enforcement on a chase all over town. There are 75 witnesses in the case, according to the People.

Previous post:

https://johnchiv.blogspot.com/2020/01/took-over-three-years-but-finally.html?m=1

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