From Tuesday:
Today was the day when Hinds County Circuit Judge Tomie Green held an "omnibus hearing" in the Irby case for all motions filed for the March 29 trial. While it was Mardi Gras today, the mood was anything but festive in this setting. The hearing was a stark contrast to the sparring session that took place last August when the State sought to compel Stuart Irby's testimony. Beasley and Holloman came to the courtroom as pros ready to work with Judge Green in a serious manner while serving their clients to the best of their abilities.
The media filled the back row, ever so ready to jot down each statement made, while a pool camera sat on the side, silently recording the courtroom drama. Apparently goatees are the new courtroom fashion as prosecutor Patrick Beasley, Irby lawyer Joe Holloman, and Irby investigator Charlie Sauns all sported goatee beards not present at the August hearing. One can only wonder if each promised to go without shaving unless he won. Meanwhile, a somber Karen Irby sat alone, slowly absorbing the hearing, as every so often a tear fell. Her husband did not appear in the courtroom.
Judge Green ruled she would not hear any motions to suppress evidence until the opening of the trial itself. She asked Mr. Beaseley if he had any additional discovery. The prosecutor replied he "intended to subpoena additional medical records (of Karen Irby)" and that he was seeking additional witnesses to authenticate the BAC results. Judge Green told the State it needed to turn over all BAC results as well as all additional medical evidence to the defense by March 5.
Mr. Holloman then claimed he had "just learned" (just? I think we covered this on this blog a year ago) that the Mercedes could have had two modules (ECM and STM modules) and was going to have an engineer from Mercedes come to Jackson to inspect the car to see if it indeed had said modules. Beasley replied Mercedes had told his office the car had no such modules and that the car was in the JPD impound lot. Judge Green ruled the inspection by the defense must take place by February 24 and that all information on the modules must be produced to the court as well. Mr. Beasley made it clear the prosecution will be present for any inspection of the Mercedes.
Mr. Beasley then told Judge Green he would call the following as witnesses:
- Experts who could authenticate the BAC
- Hospital professionals at UMC
- Accident reconstruction experts
- Personnel from the Mississippi Crime Lab
- a Mercedes engineer
- Dr. Stephen Hayne
JJ also discovered Hinds County Chancellor Pat Wise dismissed the divorce petition filed against Karen Irby by her husband in September 2008 since Mrs. Irby was never served. Under the Mississippi Rules of Civil Procedure, a defendant must be served within 120 days after the filing of the action or else the defendant or court on its own motion can dismiss the case (see page 21). The deputy chancery clerk sent out a notice of the Chancery Clerk's Motion to Dismiss on September 29, 2009 to Stuart Irby attorney Richard Roberts stating her intent to dismiss the case as "no action of record had been taken since 9/16/08 in this case" and the case would be dismissed within thirty days. Judge Wise entered the order dismissing the case without prejudice on November 10, 2009. Wonder if the Clarion-Ledger will report on this new development since it was so quick to erroneously report the Irbys were getting a divorce?
Be that as it may, it appears the Irby trial will start March 29. Stay tuned.
14 comments:
Learned Judge, highly esteemed jurist ? Your sarcasm is palpable. All in all, very good coverage, Mr, Beasley has his hands full, as does Judge Green; stay the course Mr. Fish.
re: above...sorry got carried away with your praise of the learned jurist.
Does not matter if the C-L revises its divorce story. No one reads that rag anymore circ #'s are horrible.
Dr. Hayne? Kidding, right? Talk about terrifying...that any judge would allow this man to testify.
Hayne? Isn't that the pathologist whose license they have tried to yank?
Does the limitation of voire dire, as a "non-traditional" event in this trial provide grounds for appeal before the trial even starts? Or, is it permitted under the rules. Looking for legal expert here.
Judge Green has wide authority to conduct some basic voir dire and limit the attorneys' voir dire as she sees fit, as long as the parties are given an opportunity to learn basic facts about the venire and they are given their peremptory challenges and challenges for cause. It is tough to win an appeal challenging the selection of a jury pool; you'd have to have some outlandish facts.
I have had a case where I was given ten minutes to perform voir dire AFTER my opening statement to the entire jury pool. Lots of fun.
Thanks for that heads up. Just wondering.
You always have to have a head jester in the parade. She's a shoo-in.
Kingfishes just be inrespectfull.Judge Green a fine judger. Noam sayin?She be real gooder them utter judges. Dem whites ones.Noam saying? My cousin, Quan DeModarious Brown, he was riding in dis car belonged to sum udder person. Noam saying?He done had it six months I dunno what tha fuss all about or why the police was all bent. Noam saying? It aint like the woman cant afford no other car. Noam saying? Jesus, she were WHITE!
Well,Judge Green, she go church wid Quan DeMosarioius auntee,Shaliquantasa Rhodes, so when dat smack come to trials. Judge Green she say she know Quan family and she know he a goot boy and all Quan got was sum probations.Noam saying? Dem white judges wood probably sent po Quan to PARCHAM PIN A TENTUARY or sum shit like that!
She good! We needs to keep her for our communuty.
Noam saying?
Ah, the logical conclusion of the Mississippi mindset. Thanks for getting to the end of the string, you erudite piece of shit.
Ignorance is ignorance whether the judge is black or white. Judicial fitness is not a racial issue, rather a stupidity issue.
I just have to say, i've visited this thread several times and i continue to be impressed by the use of "erudite."
Just thinking because I am tired of ice skating. Wonder what reason will be given why Stuart will not be in court to support his loving wife? Too upsetting? Taking care of the kid? Riding his bike? Traveling? Driving around town? Bible Study? Doctor's appointment? Nothing to wear? Golf? Raking leaves? Playing the piano? Reading a book? Fishing? Sleeping? Shopping? Eating? Visiting Billy Ware?
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