Judge Kidd ruled in a hearing this morning, via telephone concerning the motion to quash and response filed by the opposing parties in the wrongful death action filed against Stuart and Karen Irby, that he would not adjudicate the pleadings until holding another hearing on Febuary 8.
Attorneys John Farese (plaintiffs), Andi Small (plaintiffs), Richard Montague (defendants), and Tommy Page (defendants) participated in the call. (JJ and WLBT listened. It is unknown if any other media were on the call.) Montague spoke first, arguing Mr. Irby had no recollection and was not capable of providing a deposition. He said he "suffered a serious brain injury to his frontal lobe" and was "in a coma for five weeks." Irby's lawyer said the injury left him incapable of distinguishing a real memory from one based on what others told him. He claimed Dr. Clea Evans was a member of the treatment team, and even though she was not a medical doctor, had the most contact with Mr. Irby and was thus qualified to offer a professional expert opinion on Mr. Irby's ability to testify.
Mr. Farese said Dr. Evans offered "not one scintilla of evidence" in support of her claim he could not testify. He pointed out Dr. Evans' letter was not a sworn statement, she had not been deposed, and there was no medical evidence mentioned in her letter. Judge Kidd asked why Irby can not simply tell the court "I don't recall." Montague replied the stress would harm Mr. Irby.
Farese, ever the Southern gentleman who exudes a laid-back aw-shucks manner that hides a sledgehammer of a mind, called the letter from Dr. Evans "conjecture" and again pointed out she cited no evidence to support her claim and said "I'm not going to beat Mr. Irby up in a deposition." Farese argued either Mr. Irby should provide a sworn statement saying he doesn't remember anything or Dr. Evans should provide some actual medical evidence.
Farese went further and asked if Dr. Evans and Dr. Parillo (Irby's treating physician) thought that if he was incapacitated to that degree, then why didn't they take away his driver's license or have a conservator appointed for him to manage his affairs? Mind you now, Mr. Farese made these statements ever so nicely and professionally in a manner that gave signs he had maybe schooled at the UVA or the Halls of Eaton. Page admitted the parties had been in confidential settlement discussions over the last several weeks and blamed the talks delaying the deposition.
Judge Kidd ruled he would hear all motions on February 8 and that he strongly preferred to hold these hearings in his courtroom and not over the telephone. Judge Kidd also decreed he was not going to rule on the motions until depositions were taken of the two doctors. (They are scheduled next week.)
Earlier Poston Motion to Quash and Response to Motion
Friday, January 29, 2010
Judge Kidd To Wait Until Febuary 8 to Rule on Irby Case
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Trollfest '09
Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Trollfest '07
Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
21 comments:
Interesting recap. With the criminal trial looming, its interesting to see the civil suit
develop and settlement negotiations working.
Is it possible that they could settle the money thing and somehow the criminal issues fade away?
wasnt there a pro sports player that settled a wrongful death and the criminal trial just evaporated?
This is interesting. Well described for us, too, Kfish. Mr. John Farese sounds like a man after my own heart.
Thanks always for the update.
What was it they said about Sulla? He had the heart of a lion and a fox and it was the fox that scared people more? That was what I got listening to Farese. the call itself was very cordial, none of the contentiousness of the hearing last August.
This will be most interesting to see how this plays out. Will Karen go free? How much will they have to pay? Will poor Stuart ever get his mind back? (he has looked and acted fine every time I have seen him....) Pictures show that he is getting around in the social circles, so poor Stuart must have some memory to get out with friends!! Poor Irbys!
Why should her criminal trial get dumped as part of her civil proceedings? Criminal proceedings are brought on behalf of the people, not private parties, and this is not justice.
It seems Mr Farese is savvy enough to notice the apparent lack of any qualified _physician_ to testify in support of Mr Irby's claims. Methodist has hundreds of them, and it is indeed curious none of them are willing to swear their agreement with the psychologist's "medical" opinion.
Does Karen and Stuart still have their drives licenses?
If so,(in Karen's case), this is an absolute disgrace, especially considering alcohol and excessive speed contributed to the deaths of 2 fine doctors. Not to mention court documents that claim Karen suffers from blackouts. Everyone I know that has had a DUI had their license suspended.
She wasn't charged with a DUI so therefore she still has a license.
KF, why was she not eventually charged with DUI? I can understand that administration of field sobriety tests was out of the question given her injuries, but surely there is some toxicology evidence taken at the hospital. Or is it the DA's thinking that DUI is small potatoes in this situation? Your thoughts?
John Booth is one of the best lawyers in the south. If anyone has the clout and ability to get through the defendants' b.s., it his him. the irby's will beg him to settle before this is over with.
He reminded me alot of Clifford Thompson.
Do we have a picture of this psychologist? I find it interesting, as well, that of all the medical personnel the Irby's have had contact with since the accident she's the only one willing to testify to his 'medical' condition.
He has never been the most ... 'steadfast' of men. Is she his type?
Did she have any debts that suddenly got paid off?
Just wondering.
I've maintained all along that Karen will walk. And that the 'lovely' community of wealthy individuals in Jackson and surrounding area will suck up to her as much as they did before. No shame in any of them.
11:32 Ms. Evans, PhD is attractive but I doubt that is what is happening.
I suspect she's a convenient " front/protective barrier" for a variety of reasons not the least of which is that IF she's a native, she's spent her formative years in Alabama,Georgia and Texas before coming here too recently to be other than naive about " how things work".
The social relationships within the community are indeed complex, sometimes incestuous and interdependent on many levels. Ranks get closed quickly as no one wants to have strife within their social groups or have their economic well being threatened.
It is not just the principles generation, but the next generations as well.
Self interest and ambition trumps morality.
Looks like the wrong couple burned alive that night.
Does anyone care to comment on the new addtion to the Certificate of Service on the recent filings -Robert Addison whom represents the Country Club of Jackson?
Obviously there has been a lot of recent air time on the Stuart Irby owned airplane. It makes you wonder if high altitude would have serious potential to "place him at risk of physical harm in addition to psychologial harm"
Sources at the airport tell me their pilot does his share of flying alone.
That's interesting KF. Flying a plane is pretty darn expensive. Wonder what the pilot is " fetching"?
1:34 at the time of the accident, there were some " explanations" of why a DUI charge would compromise the depraved heart murder case.
I will admit that while all the lawyers blogging seemed to agree that was the case, I never understood that " loophole" explanation and,like you, want it closed. We should be demanding it be closed.
It is insanity that Karen still has her driver's license even if you believe the seizure story.
It is insanity that Stuart still has his license given the court documents.
If the legal profession and judicial system wants a hint as to why they are no longer respected, here it is!
And, someone somewhere needs to remember " intent" isn't JUST about protecting the accused but the legal system exists to ensure a civilized society as well!
I'm sure other people use it plus I've been told there are hours requirements for pilots' licenses and the like.
Oh...I thought " alone" time . And, if the " alone" doesn't exceed hour requirements...
7:03 - Don't worry, they may well end up burning later, for eternity (couldn't resist - just drove by the local fire & brimstone church on the way home from church).
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