Hearing delayed for now

By Marty Carlson


Court opened the rules late this morning after the attorneys went into conference into the judge’s chamber, once we got into the courtroom it was revealed that Mr. Jesse Garcia and broke two bones in his ankle and would be out for an unknown period asked to see his own doctor on Friday.


There are some general discussions about some business with the judge revealing that she had received a package of information which she believed to be Brady material and open the sealed package. The document stated that it was a court order as to a temporary restraining order that had been put in place but was not to be opened or used in any other case without an additional court order. So she was not able to reveal the substance of the information and the attorneys would have to make a pitches motion to see what information was contained therein. So what that tells me is that Detective Evers at one time had a restraining order placed against him by someone and is also restraining orders generally are public knowledge for some reason this one was held to a confidential standard. I guess Mr. Evers had a very good attorney that handle these things for him and apparently he really does have something to hide.


Attorney rain had taken Mr. Garcia’s place in contacting the Atty. Gen.’s office was moving to squash some but not all information in the CDC file but I was not sure on which particular person they were first referring to. He did contact the Atty. Gen. attorney while in the courtroom and she stated that there was going to be some materials not contested that would be sending those forward as soon as possible but there were other documents that she was going to request have the subpoena squashed. The hearing was scheduled for April 8 to have that hearing in the CDC attorneys agreed to appear on that date.


No further business was able to be done on this date nor will be done the rest of this week’s and next week was already scheduled to be dark for this court so there is no further court hearing scheduled until April 4.


  1. Brady material is any information that anybody especially a police officer has proven to have lied on the stand. There is a common sing along police officer where they get accused of being on The Brady list, but there is no actual list it is something that is in their personnel file. To receive this information attorneys would have to do what they call a pitchess motion, to see the officer’s personnel file it can be done but it can be also difficult to do because of private information.

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