Confusing and tense hearing today. The judge denied (without prejudice) the defense’s motion to dismiss the charges and the motion to prevent the prosecution from seeking the death penalty. However, he ruled that her 4th amendment rights were violated when the documents (4 page timeline and 6 page document describing her life and relationships) were seized from her jail cell. Judge felt that it should have been apparent that the documents might be considered priviledged information. The documents will be suppressed. Information found in the documents may not be used to instigate inquiry. If the defense presents either document in court, prosecution will not be allowed to cross examine or make rebuttal. The defense has also asked that both DAs and both detectives be recused from the case, since they know about contents of the papers. This will be discussed at the hearing on April 27th, with the county attorney and the California State Attorney General arguing for the detectives and the deputy district attorneys respectively.
My friend, Mala, commented that it was like the myth of Sisyfus, and that’s a good analogy. It DOES feel like we keep rolling a huge stone up a hill, only to have it roll back down (sometimes right over us) whenever we near the top. Easy to feel discouraged, as much as we try to be patient. It’s a bit of an emotional rollercoaster, going from motion to motion, hearing to hearing. I miss my boys – steady kind Neal, sweet angel Devon and quicksilver little Ian. That’s enough to deal with. Monkey.