THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
06 CRS 4331-4333 STATE v. FINNERTY
06 CRS 4334-4336 STATE v. SELIGMANN
06 CRS 5581-5583 STATE v. EVANS
MEMORANDUM IN THE CAUSE
(a) Heard and ruled upon motions for discovery;(b) Heard and ruled upon defendants' motions for a bill of particulars;(c) Heard and ruled upon defendants' motion to modify previous judge's order relative to the Rules of Professional Conduct;(d) Heard the State's motion to compel regarding the defendants' pretrial public opinion poll by telephone survey; such was ruled upon by the Court on September 26, 2006 after an in camera review of submitted documents;(e) Granted a protective order by consent regarding records of the alleged victim;(f) Addressed and ruled upon certain administrative matters, including those related to transcripts of the proceedings herein; and(g) Scheduled the next pretrial hearing as agreed to by the parties for October 27, 2006.
(a) Executed the discovery order and executed an order for payment of costs related to compilation of discovery documents, both from the September 22, 2006 hearing;
(b) Re-addressed, with follow-up, some discovery issues regarding any statements of the alleged victim to the District Attorney and regarding notes and reports of investigators;
(c) Pursuant to request of the parties, undertook for in camera review voluminous documents containing confidential records relating to the alleged victim for determination by the Court as to whether same should be disclosed to the defendants; and
(d) Scheduled the next pretrial hearing as requested and agreed to by the parties for December 15, 2006.
(a) Production of certain items set forth in the motion; or
(b) An order directing Dr. Brian W. Meehan of DNA Security, Inc. to submit to questioning under oath regarding matters raised in the defendants' motion; or
(c) An evidentiary hearing on matters raised in the motion; and
(d) Any other order appropriate in the interests of justice.
(a) Scheduled hearings on defendants' motions to suppress and motion for change of venue to begin February 5, 2007. The delay until February was necessitated by a January trial conflict of counsel for defendant Seligmann. Considering such conflict, the defendants requested and the State suggested the date of February 5, 2007 as preferable to all parties.
(b) Granted the defendants' request for an order for paternity testing regarding the alleged victim, conditional upon the alleged victim's pregnancy and delivery of a child.
(c) Recessed the December 15, 2006 hearing with the condition that if anything developed that needed to be heard before February 5, 2007, that the Court would be available for same.
(a) Matters related to requests for expungement;
(b) Matters related to interpretation and enforcement of protective orders;
(c) Matters related to sealed records;
(d) Matters related to applicable investigative and administrative orders;
(e) Matters related to disposition of evidence;
(f) Matters related to disciplinary actions involving attorneys before the Court;
(g) All other matters within the express, implied, statutory, and inherent authority of the Court.