Maybe today pigs will fly, hell will freeze over and like the episode of Dallas, we will all wake up and discover that COVID 19 was a dream.
Confirmation of hearing and ruling on People's motion to continue Brian Fiore's evidentiary hearing in his writ of habeas corpus case was scheduled this morning.
Fiore's attorney is Mr. Russ Clanton. Deputy District Attorney Trent Timm appeared on the case for the assigned prosecutor, Deputy DA Luke Bernthal.
Mr. Clanton, once again, mentioned that Mr. Bernthal is in quarantine for COVID 19 and wanted to know when he went into quarantine.
Mr.Clanton said, "I understand Mr. Bernthal is the assigned attorney. Other Deputy DA's have had their hands on the case. I understand COVID creates situations. There are very good District Attorneys in that office."
"I appreciate the compliment from Mr. Clanton," said Mr. Timm. "Mr. Bernthal is the assigned attorney. We have made a discovery request. It is neccessary for us to proceed competently. "
Judge Christopher Wilson said that while the issue is relatively discreet, it is also a complex matter." There are case files contained in four bunker boxes."
"I was the trial judge," said Judge Wilson. "This is an important matter for Mr. Fiore and an important matter for the People. It has been back and forth to the Apellate Court on various writs."
Judge Wilson found good cause granted the People's motion based on the "coronavirus unavailability" of Mr. Bernthal saying it cannot simply be assigned to another Deputy DA.
The hearing for August 10 was vacated. Setting of the evidentiary hearing is scheduled for August 25.
The reasons to continue the hearing by the People, defense motion about expert witnesses, and Judge Wilson's comments have been covered in detail in the last few posts and are linked below.
Recent posts:
https://johnchiv.blogspot.com/2020/08/mr-bernthal-is-out-unexpectedly-due-to.html?m=1
https://johnchiv.blogspot.com/2020/07/after-all-continuances-he-has-requested.html?m=1
https://johnchiv.blogspot.com/2020/07/there-was-brain-matter-splattered-on.html?m=1
https://johnchiv.blogspot.com/2020/06/three-hour-time-estimate-three-expert.html?m=1
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