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Fani Willis bares her teeth to keep the flock together. [1]
['This Content Is Not Subject To Review Daily Kos Staff Prior To Publication.']
Date: 2023-08-31
In her newest filling Fulton County DA Fani Willis has asked the court to advise the 19 defendants of the consequences a demand for a speedy trial would have for some of the rights they otherwise would have.
The Defendants cannot now argue that they are entitled to the State’s discovery responses ten (10) days in advance of trial. The Defendants cannot now argue that they are entitled to notice of the State’s similar transaction evidence ten (10) days in advance of trial. The Defendants are now precluded from calling any witnesses whose statements were not provided to the State at least ten (10) days in advance of trial. The Defendants cannot now complain that they received less than seven (7) days notice of the trial date in this case.
The wording of her motion suggests that she wants to show the defendants that she sees through their tactic of trying to get an expedited trial and then having evidence excluded because it was not disclosed in time.
The State is entitled to a fair trial as well as the Defense. A defendant who does not possess discovery materials cannot file a statutory speedy trial demand and then claim that the State’s evidence should be excluded on the basis of this Court adhering to that same demand and scheduling accordingly. In other words, this Court should not be transformed into a forum for “Gotcha”.
That’s why she specifically asks the court to put them on the record.
Should the Defendants in this case desire to proceed to trial under these circumstances, then they should be required to confirm it, personally and on the record, prior to trial.
What’s not really clear for me is what consequences the speedy trial date would have for the other defendants, as Willis obviously still wants to try them all together. Would they also loose lose* the aforementioned rights even if they didn’t ask for a speedy trial for themselves? To my knowledge there hasn’t been a ruling on severing one or more cases up until now. Perhaps someone could comment on this issue (if anyone reads this diary at all).
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https://www.dailykos.com/stories/2023/8/31/2190726/-Fani-Willis-bares-her-teeth-to-keep-the-flock-together
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