Originally posted by: Mill
The case I saw today:
Original Court Date - May 05
1st Trial Date - August 22, 2005
2nd Trial Date - November 30, 2005
The Officer who was subpoenaed did not show again today. This was in contrast to the Judge's prior order that he show. The Prosecutor says that she was told "just today" that the Officer in question was recently sent to Iraq. Date of his tour was unknown, so case was reset to September 11, 2005. Attorneys from the Defense side objected on grounds of lack of a speedy trial (officer had missed earlier court dates -- not just this one), and the Judge said he'd hear a motion on it at a later date. Motion for dismissal was denied on the grounds that the officer was unavailable.
The Prosecution has no witness, nor any direct evidence. They are worried about the testimony of their witness (who is in Iraq), because it will easily be impeachable after a year and a half. No one believes that testimony can be accurate in a minor case after a year and a half -- not with the volume of work and the lack of a decent police report.
The Defense turned down a plea bargain from the Prosecution (it was one of the most BS deals they'd ever heard of), and are researching the deployment date of the officer. If he deployed AFTER the orginal trial dates then the hope is that the Judge will dismiss the case. If not, the argument goes back to a speedy trial, and if the motion is denied it will be appealed through the appellates. There would be no problem if the Officer had been gone from the beginning, but the subject was arrested in March 2005, and since then the officer WAS stateside. The prosecution failed to get the case tried in time.
Interesting stuff, can't say I've ever seen a non-felony trial delayed this much.