Ongoing Investigation or Protection of new Witness? by ValHall

http://www.thehinkymeter.com/?p=1768

Ongoing Investigation or Protection of new Witness?Posted on February 25th, 2010 by Valhall

On February 3, 2010 Jeff Ashton, on behalf of the State of Florida, filed a motion requesting an incamera ex parte hearing with Judge Strickland concerning evidence they wanted permission to delay releasing. This request boils down to: the prosecution was asking to speak to the Judge, without defense counsel present, and under sealed transcript, so they could prove to the Judge there was a valid reason why they should be allowed to NOT give the discovery to the defense team as required under Florida criminal procedure rules.

Ultimately Judge Strickland ruled that the prosecution could not have their hearing, BUT could submit via sealed motion to him detailing their reason for requesting the delay in release. Judge Strickland apparently has received and reviewed that motion and ruled yesterday that the release of the discovery may be delayed for 30 days with the option for prosecution to submit via sealed motion for extension if they can still prove just cause.