Sep 11 09 10:44 AM

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MOTION FILED (pdf format)


"Since Counsel has proclaimed that the evidence they have discovered is "exculpatory," it is difficult to imagine that the defendant would not call witnesses to these "facts" at hearing or trial, or that they do not possess statements, reports or other tangible papers or objects that support their claim.
More than the allotted fifteen (15) days und FRCP 3,200 (d) (1) have passed since the defense made reference to this allegedly exculpatory evidence. The only conclusion this Court can draw from the fact that no additional reciprocal discovery exhibit has been filed is (1) the exculpatory evidence does not exist, or (2) the defendant is intentionally violating the rules of discovery."
"In a motion filed late Thursday, the state attorney's office asks a judge to order Anthony's attorneys to turn over "the names and addresses as well as all supporting documentation" about their claim, which was made in court as recently as last month. Prosecutors said they have the right to review the evidence as part of the discovery process, where each side turns over evidence in preparation for a trial."
"Gonzalez's lawyers said "there is no room for sympathy because a civil defendant has serious criminal problems." This week, the judge said he wanted to reconsider delaying Gonzalez's suit because Anthony is now facing a death penalty trial. He's expected to rule on this issue in about a month. "

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