minpin06 says:
August 2, 2012 at 9:50 am
There was a discussion on yesterday’s GZ thread about the Aug. 8 hearing. There were some differing opinions whether a Docket Sounding is the same as a preliminary hearing. I believe everyone agreed that it is at that hearing that is the last opportunity for the state to offer a plea deal, and George has the opportunity to accept or reject it. To my knowledge, O’Mara still has not received the toxicology report, and more importantly the phone records of TM and DD. DD is the states star witness, and they claim that DD is the only one who knew what was going on with TM almost up to the moment of the shooting. At a minimum, the state must provide phone records showing that DD’s phone record shows the times of her calls to TM’s phone. Likewise, TM’s phone record must show that his phone in fact did receive calls from DD that coincide with DD’s calls. Why would George even consider a plea deal if the state can’t provide at least the proof of those calls? Without DD, the state has no case. This is not an investigation where the investigator gets to tell George that the entire incident was video tapped, or that there was a witness that saw the entire incident, even though that is not true. The state cannot simply imply that the calls exist without showing proof that those calls do exist.

Why would George even consider a plea deal if he doesn’t know what the best evidence is that the state has to prove him guilty of murder? It is my understanding that because Corey didn’t utilize a Grand Jury, and George has entered a plea of not guilty, the hearing takes the place of what a Grand Jury hearing would have accomplished, but with the defense having the chance to present their evidence, or arguments for the lack of state’s evidence to prove murder. I believe that the defense attorney can file a motion to dismiss based on a weak state case. I believe that the defense can request a SYG hearing long before any plea deal would even be considered.

Isn’t the plea offering by the state putting the cart before the horse with this case?