Monday, March 01, 2010

Filing Day in Mohave County

It figured there would be a landslide of legal paperwork showing up on the Mohave County Site, and there is:


Motion for accelerated hearing. Piccarreta wants to expedite the hearing to depose Lamont Barlow.

Motion for Deposition of Witness. Lamont Barlow. This boils down to Matt Smith not wanting Lamont Deposed, and Michael Piccarreta wanting to depose him. It would later be Matt's argument that Piccarreta was exhausting and badgering Mr. Barlow after several "non deposition" interviews, if Lamont suddenly refused to answer a question and stopped cooperating. I can hardly blame Warren's counsel for wanting a deposition so that they can be done with this. That doesn't mean Lamont wouldn't have cooperated.

Request for Omnibus Hearing. Agreed hearing by phone to apparently expedite matters.

Matt Smith's Response to Motion. The "four levels of hearsay" response of Matt Smith. Matt says Lamont has never refused an interview and doesn't want to make it a deposition. I can only see this as potential foot dragging on Matt Smith's part. The force of deposition would make sure that everything happens on a timely basis.


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7 comments:

I_hate_bigots said...

Seems like if this turns out to be true, it's a good reason for a new trial in Utah.

I was wondering why they lie about medical records. I think it was in case Allen didn't admit to sex, they would have some medical proof.

After all the FLDS members do not use birth control, if there was no baby there might be reasonable doubt. The medical records would provide the proof.

But do you think Ellisa would think of this herself? I would think someone else clued her into lying about this.

Regardless, this shows Ellisa is very willing to make false statements.

Ron in Houston said...

I hate bigots -

Read Smith's response. It has a cite for any use of the medical records in Utah.

If what Smith says is true, there will be no new trial in Utah.

Hugh McBryde said...

Smith has been a worthy adversary, and an honest one Ron, but he's wrong more than he is right. So far.

That was the hand he was dealt and the hand he has to, and ought to play.

I_hate_bigots said...

Price must be very brave in coming forward with this information.

I'm not an expert in Utah criminal procedures but it's not the medical records but Ellisa's false testimony. I think she talked about miscarriages. If the medical records were false then it seems like her testimony is also false.

duaneh1 said...

I hate Bigots,

The rumors I heard some time ago were that Elissa Wall's "miscarriages" (at least the one in Canada) were actually abortions. Apparently, she either knew the baby wasn't Allen's or she didn't know the father was. Thus she needed a solution to that little problem.

Of course, these "rumors" could all be untrue but these new reports of falsified medical records are rather interesting.

I_hate_bigots said...

Here's another option. Maybe Ellisa was able to say no enough she never became pregnant.

Maybe she didn't follow Warren's advice.

Hugh McBryde said...

Duane,

That rumor, may be true. Sources say that they've caught Elissa in a lie, not "maybe caught," but actually caught her in a lie.