In a series of posts, I’ve described all but one part of the motions hearings on Wednesday and Thursday. Here they all are:
- Day 1- Motion to dismiss and Motion to suppress plus testimony by Balducci and the FBI agent.
- Day 2-Morning Motion- Motion to Exclude Other Crime Evidence
- Day 2- Morning motion-Motion to dismiss part of the indictment
- Day 2- Afternoon motions, change of venue and severance
Those following this on Wednesday and Thursday may have noticed there was not a post about the motion on other crime evidence. That was added later out of order. If you’ve not read it you might want to check it out.
The next thing that will happen in the case is tomorrow, when both sides are to file a brief on the motion to suppress, arguing whether the government had to show probable cause as to just Balducci or Patterson to get their respective wiretaps, or whether the government also had to show probable cause at that time as to the three defendants (Zach, Dickie, Backstrom). Both sides are also to file a hypothetical affidavit with all the facts that the defense claims were omitted from the FBI wiretap and search affidavits, so that Judge Biggers can rule whether, with these added facts, there was probable cause for the wiretaps and search. He said that he will rule on Tuesday on the motion to suppress, the motions to sever by Zach Scruggs and Sidney Backstom, and the motion to exclude other crime evidence.
Updated to include the link to the post about the other crime evidence.
