Wednesday, August 5, 2009

Irby Wars: Episode ?: The State Strikes Back

Update: Copy of State's Response

The State filed a "Motion to Strike Lisa Binder's Esquire Response dated July 24, 2009 Due to Lack of Standing" yesterday in Hinds County Circuit Court (Motion will be made available later on JJ).

The State claims Ms. Binder's response should be stricken "as she lacks standing in this matter to assert a response." The State then makes the following points:

1. "On July 20, 2009, the State filed its Motion to Preserve the Testimony of Stuart Irby and its Motion to Allow Filing of Document Under Seal. The Motions were filed simultaneously and on the same date. The former motion was filed seeking the specific relief requested within, the latter was filed to protect the privacy interests of Mr. Irby."

2. Ms. Binder accused the State in her response of violating Mr. Irby's right to privacy as she claimed the State "apparently disseminated Mr. Irby's medical records without any authority or agreement from Mr. Irby or order of this Court." The motion responds in a strong manner: "These assertions by Ms. Binder are reckless, slanderous, and have absolutely no basis in fact" and that a "cursory inquiry by Ms Binder would have revealed" that his medical records were provided only to Joe Holloman (Mrs. Irby's lawyer), Ms. Binder, and the Court.

3. The State further seeks to rebut Ms. Binder's claim it "disseminated" Mr. Irby's medical records to the public: "The District Attorney's Office upon the filing of its original motion in the Circuit Clerk's office did not include Mr. Irby's medical records (I can verify that claim as they were not in the public file.) The omission of the medical records was an additional, precautionary measure to prevent any unauthorized "third person" (who?...me?) from obtaining access to Mr. Irby's medical records before the Court had an opportunity to review the State's motion to file this exhibit under seal. Ms. Binder's allegations are false, reckless, and disparaging on the reputation on the Hinds County District Attorney's office."

4. The State then argues "Lastly and most importantly, Mr. Irby is a material witness to not one, but two homicides. Mr. Irby was present in the car that collided with a vehicle from which all accounts was in the proper lane at the time of the fatal collision. Simply put, the District Attorney's Office has the right and a duty to speak with Mr. Irby about the specific events and circumstances surrounding the collision which led to the untimely deaths of Daniel Pogue and Lisa Dedousis. The information sought is known only to the defendant, and her husband Mr. Irby. The State concedes that while no witness can be compelled to speak with the District Attorney's Office, the District Attorney should be ablet o communicate from Mr. IRby directly- and not through a lawyer, as to whether he is willing to participate in this criminal investigation. Mr. Irby's civil liberties are not at stake as he is not the subject of a criminal investigation. Ms. Binder's presence to date has hindered the State's ability to effectively investigate this criminal matter should not be tolerated."

This is getting interesting.

Posted by Kingfish at 8:45 AM

12 comments:

Anonymous said...

Do you think they'll force Sheriff Campaign Contribution to testify in court about the events before the depraved heart murder?

August 5, 2009 at 9:45 AM
Anonymous said...

"material witness"

Can't a material witness be held to ensure their testimony before EITHER a grand jury or in criminal proceedings?

Add here the idea to protect the witness who lives with the object of the proceedings...

Implied threat?

AH...the plot thickens!

August 5, 2009 at 10:23 AM
Anonymous said...

Boy, Ms. Binder sure did step in it. Her assertions were clearly wrong. Would not be surprised, given prosecution's response, to see the court begin to take a more prominent role in managing this case. I'm still laughing about the HIPAA threat! And, it is good to see at least the prosecution has a firm handle on the law, regulations, etc.

August 5, 2009 at 10:31 AM
Anonymous said...

9:45 What events????

August 5, 2009 at 12:28 PM
Anonymous said...

You guys have the game all wrong. Binder is playing all of this out to make it appear that SI's testimony damning KI will seem genuine as he gently rolls her under the bus and cuts all ties.

August 5, 2009 at 12:31 PM
Anonymous said...

yeah- what events????

August 5, 2009 at 12:42 PM
Jim Craig said...

It's a major concern to me that the District Attorney's Office is so cavalier about the freedom of non-charged, innocent citizens.

The claim: The State concedes that while no witness can be compelled to speak with the District Attorney's Office, the District Attorney should be ablet o communicate from Mr. Irby directly- and not through a lawyer, as to whether he is willing to participate in this criminal investigation. Mr. Irby's civil liberties are not at stake as he is not the subject of a criminal investigation.

OF COURSE his civil liberties are at stake. Does anyone remember "you have the right to remain silent?" It was promulgated by Det. Joe Friday on Dragnet.

If the police come to your door and say they have some questions for you, you can say (politely if possible), "no thank you, I don't want to talk to you."

That is a "civil liberty." And to force Mr. Irby, against his will, to sit across from law enforcement for 30 minutes is a violation of that liberty.

Next time, guys, subpoena witnesses to the grand jury BEFORE the indictment.

Or, how about a rule allowing depositions in criminal cases? Oops, no, can't do that. Then the defense attorneys would be able to disprove the State's witnesses' testimony.

August 5, 2009 at 1:33 PM
Anonymous said...

uh. I think Det Joe Friday only said that when he was arresting someone. Not to witnesses.

August 5, 2009 at 1:55 PM
Anonymous said...

Appearances may mask the reality but it usually seems like the DA and/or the Court
are the imcompetent ones overmatched by the high-priced private lawyer but I have to say
Ms Binder appears to have gotten off on a wrong step.

August 5, 2009 at 1:56 PM
stilettoGOP said...

Re: The "events". If I'm thinking of the same "events", they've been spilled here before once or twice by an anon commentor, and SURPRISINGLY nobody really caught it. Why no one is brining "it" up again, I don't know. But I ain't gonna. Just read here often and pay attention.. There are often authentic jewels in the sand of comments.

August 5, 2009 at 3:08 PM
Anonymous said...

okay 9:45 - I have gone back and searched through all of the older strings with regard to this case to see if this innuendo and/or rumor was ever clarified and I do not see it. I did see a note from KF saying that he takes out unsubstantiated rumor that I suspect has to do with whatever you are referencing. I am not "in the know" as you seem to be and have no idea what is it that Sheriff Mac does or does not know about what went on prior to the depraved heart murders.

If it is unsubstantiated rumor, then quit teasing. If not, quit teasing.

August 5, 2009 at 3:11 PM
Anonymous said...
This comment has been removed by a blog administrator.
August 5, 2009 at 6:29 PM

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