Leah Evans @Judge-Yee-Atrick
Your Honor,
The Defense reiterates our request that this matter be resolved in a timely matter either through starting summary judgement arguments, or at this point the Court could even dismiss the charges for failure to provide a speedy trial under the Sixth Amendment. The State still has more time than is typically provided (48 hours) to make its summary judgement argument prior to this coming weekend if the Court goes that route. This matter is not complicated.
This case has been languishing for months, and the State's latest response highlights the need for the Court to take action to wrap this up. The State doesn't object to summary judgement, it mentions they might want to depose someone, someday, maybe, without indicating any steps having been taken to try to do so. Probably in relation to people the State already has witness statements from in its CR. If the State felt like it needed more it should have done this during the weeks after this matter was filed during which no availability was provided by the State. Or perhaps the State could have done this during the month it had leading up to a trial without scheduling the witnesses. Or maybe the State could have started the process in the weeks since trial was unscheduled.
The Defendant and myself went out of our way to add availability well outside of our regular availability to try and get this scheduled once and it took months when there were less people involved. The State has offered zero flexibility and is now trying to add new things to be scheduled for the first time. Things that should have been completed, not merely scheduled, a long time ago.
For these reasons the Defense asks this Court to either begin summary judgment or dismiss the charges in this case.
