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Bryon Case Transcripts 01 PreTrial Motions

Bryon Case Transcripts 01 PreTrial Motions

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Published by skepticaljuror
This is supporting documentation for The Skeptical Juror: Missouri v. Case. It is the first book in a new true crime series.

To learn more about the book, the series, and the concept of The Skeptical Juror, visit me at www.skepticaljuror.com

-tsj
This is supporting documentation for The Skeptical Juror: Missouri v. Case. It is the first book in a new true crime series.

To learn more about the book, the series, and the concept of The Skeptical Juror, visit me at www.skepticaljuror.com

-tsj

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Published by: skepticaljuror on Jun 16, 2009
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02/03/2013

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Pre-trial motions and rulingsState of Missouri v. Byron CaseApril 19, 2002Pages 1-42The motions are as follows:Kelly Moffett's mental health recordsByron Case's statement to police on July 29, 1999Audiotapes of Case's tacit confessionByron Case's customized license tagsCase's use of autopsy photos as screensaversCase's fluency in GermanStatements made at Jackson County JailJustin Bruton's shotgun purchaseUse of Voice Stress Analysis testsHearsay statements made by Bob WitbolsFeugen to Deputy EppersonAny prior mental health history by Kelly MoffettEmails from Byron Case and information published on his web sitePage 1THE COURT:Let's go on the record in the case styled State of Missouri vs. Byron Case, cause number CR2001-03527.Mr. Case is here in person with his lawyer, Mr. Lance. Ms. Crayon and Mr. Fry are here on behalf of the people of the State of Missouri.The purpose of this proceeding is to make a record on certain pretrial motions. We can make themhere or, if you want to be seated and have your client seated at counsel table, it's whatever your pleasure,Mr. Lance. Tell me.MR. LANCE:Why don't we have a seat.THE COURT:Would you like him uncured for the proceeding?MR. LANCE:I would prefer that, Your Honor.THE COURT:Is that all right with you, Ramp?CORRECTION OFFICER:That's fine.Page 2THE COURT:
 
As the parties are aware, I think the circumstance we find ourselves in is this case has been pending for a period of time and I think I got with counsel, and we agreed to attempt to try this case the week of April29th, but because of certain scheduling issues that I had, we agreed to pick the jury on Friday, the 26th, andcommence evidence, I believe, on the 29th of April, which is the following Monday.And the purpose of this proceeding is to flush out any pretrial issues that exist so that we can gostraight into jury selection on the 26th and hear evidence on the 29th.I think the first issue is previously I think there was a short hearing in the recent past in which Mr.Lance filed two motions requesting, in effect, that I utilize my powers under the Uniform Attendance of Witness Act to secure the attendance of two witnesses.One was Debbie Moffett, and I believe Debbie Moffett is likely going to be witness for the Statealso. So I assume that issue is in hand and resolved; is that right?MR. LANCE:That's right.Page 3THE COURT:And Ms. Moffett's daughter is Kelly Moffett who is a key witness to the State; is that true?MR. LANCE:Yes, Your Honor.THE COURT:Ms. Kelly Moffett I believe has had -- at least there is an allegation she has had treatment from atherapist, mental health professional, and that person's name is?MR. LANCE:Wendy Eaves.THE COURT:Wendy Eaves. And basically, what occurred, and I think the record will reflect, is there was an effortto subpoena Ms. Wendy Eaves for trial under the theory that, through cross examination or impeachmentevidence, that this psychological record could conceivably have relevance.The State resisted such subpoena, and I believe I took a middle ground and suggested that, if wecould construct a procedure for me to look at the records in camera, that I would initially do that.My understanding is that, through the cooperation of Ms. Crayon, we've had a chance to get withMs. Kelly Moffett or to Ms. Eaves and that I am going to have an in camera set of records this afternoon toreview as I understand it.Page 4MS. CRAYON:Yes, Your Honor. Ms. Eaves is going to deliver them to your law clerk at 3 o'clock this afternoon.
 
THE COURT:First of all, at this point in time, I'm going to direct both sides not to get into anything about thesemental health records without prior court approval.Secondly, I will review those health records, and I'll make a definitive ruling whether I think they'rerelevant or not. When I make such a definitive ruling, each side will be able to make any additional record.If I find them to be irrelevant, I will take those records and place them in a sealed fashion for reviewfor any court of higher jurisdiction. If I think they're for some reason relevant, we'll have a more extendedhearing on the extent of their relevance.Is that procedure agreeable, Mr. Lance?MR. LANCE:Yes.Page 5THE COURT:In essence, in fairness to you, I haven't read the records, and I'm not sure what posture you wouldwant to use them, but the issue of whether you can even cross examine Ms. Moffett about it, I'll be glad torule on those things, but at this point in time, the issue of her having a psychologist and what thatrelationship was and what these records say, I am excluding that line of inquiry at the present time, subjectto reevaluation once I review the records. I'll allow you to make any additional record you wish at theappropriate time. Is that agreeable?MR. LANCE:Yes.THE COURT:Likely what we'll do, if we don't get to it today, at jury selection I'll make my tidings first thingMonday morning so we can define that issue.MS. CRAYON:You might want to do it before.THE COURT:If you want to get here first thing Friday morning, we could do it then.MS. CRAYON:Okay.THE COURT:I'm in trial next week so I'm not sure when we'll get to it.

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