Pretrial and Discovery

Pre-trial motions, disclosures and correspondence between the Court, the State and the Defense #

State’s Disclosures #

• Amended State’s Disclosure 7/8/99 – Response to Gutierrez’s 7/7/99 letter to Judge Quarles, though most responses are that the requested items are not yet available. Urick says, “[T]he victim was murdered the afternoon of the day she was reported missing, shortly after she would have left school for the day, January 13, 1999. If further investigation narrows the time down, the State will provide that more specific time to the defense.”
• Amended State’s Disclosure 8/2/99 – We don’t have this doc, but per this letter, the disclosure included a transcript of the Mr. S interview and partial reports of his failed polygraphs
• Amended State’s Disclosure 8/23/99 – Identifies witnesses on the witness list, including Mrs. Kramer, Ms. Efron, Stephanie, Cathy M., Dr. William Rodriguez, Nisha
• Amended State’s Disclosure 9/3/99 (#1 on this date)- Identifies witnesses on the witness list, including Hae’s uncle and brother, Grant Graham, Det. O’Shea, Mark Pusateri; Sharon Watts provided oral report that Adnan was faking a catatonic state; Sal Bianca performing trace analysis; DNA typing request may have been made; report being written of last known interview of defendant prior to his arrest
• Amended State’s Disclosure 9/3/99 (#2 on this date) – In later legal arguments a disclosure on this date is discussed, which apparently informs defense that the State intends to use Adnan’s cell phone records at trial. This doesn’t match the contents of the previous disclosure, so presumably two were sent in one day.
• Amended State’s Disclosure 9/24/99 – We don’t have this doc, but this see this explainer – “the original request for DNA typing could not be processed because at the time of submission there was nothing to type; a new request has been submitted but the result s are not expected for 6 to 8 weeks.”
• Amended State’s Disclosure 10/1/99 – Rodriguez and Korell’s oral reports, polygraphs on Mr. S, Don’s timesheets
• Amended State’s Disclosure 10/8/99 (#1 on that date)- We don’t have this disclosure, but it is mentioned in this letter from Gutierrez and in later legal arguments. It includes that “the state plans to call Abe Waranowitz, AT&T Wireless Office, as an expert witness”.
• Amended State’s Disclosure 10/8/99 (#2 on that date)- State’s notes on Waranowitz’s oral report of the drive test. Also dated 10/9/99 – date of the defense “received” stamp. Also referred to in this letter from Gutierrez
• Amended State’s Disclosure 10/14/99 – Discloses Bilal’s arrest as Brady material
• Amended State’s Disclosure 10/26/99 – Identifies name and address of Waranowitz
• Amended State’s Disclosure 11/9/99 – The only DNA test results received have been oral, earlier Amended State’s Disclosure referencing a report of interview with defendant was incorrect, report involved another witness
• Amended State’s Disclosure 12/30/99 – Per Sal Bianca, hairs were not from Hae or Adnan
• Amended State’s Disclosure 1/18/00 – Ja’uan’s interview, Jenn’s first statement, MacGillivary’s 2/26/99 conversation with Adnan at his house, Teresa Long’s resume (DNA expert who may be called in lieu of Stangroom, who is going on medical leave)

Discovery Correspondence #

• Letter from Gutierrez to Judge Quarles requesting discovery 7/7/99 – lengthy list of items not received, including crime scene photos, evidence logs, fingerprint reports, and “statements made by Jay Wilds as an unindicted co-conspirator or co-defendant,” oral expert reports, and evidence for use at trial
• Letter from Gutierrez to Urick 8/5/99 – alleging deficiencies with 8/2/99 Amended State’s Disclosure regarding Mr. S and his polygraphs
• Letter from Gutierrez to Urick 9/7/99 – demanding a time to see burial photos
• Letter from Urick to Gutierrez 9/7/99 – confirming appointment to see burial photos
• Memo to File 9/17/99 – defense memo to file memorializing conversation with Urick – no new disclosures
• Letter from Gutierrez to Urick 9/29/99 – informing her he found additional burial photos
• Letter from Gutierrez to Urick 10/4/99 – informing Urick of potential alibi witnesses
• Letter from Gutierrez to AT&T 10/11/99 – requesting cell site and coverage maps in advance of Waranowitz testimony
• Letter from Gutierrez to Urick 10/20/99 – requesting more information about Waranowitz and the substance of his expert testimony
• Fax from Waranowitz to Gutierrez 12/7/99 – page 2, 3 to 4, 6 to 9

Defense Discovery #

LensCrafters Subpoena #

• Motion for ExParte Subpoena to LensCrafters 9/24/99
• Docket showing that ExParte Supoena granted 9/27/99
• LensCrafters Production to Defense 10/4/99
• LensCrafters Second Production to Defense 10/6/99

Other Defense Subpoenas #

• Subpoena to Will (undated) – Adnan’s track teammate, subpoena sent to Woodlawn High School, after Will had graduated

Other Defense Discovery #

• Evidence Review of Contents of Hae’s Car
• Defense memo on Bilal’s letter from Urick 9/2/99 – informs defense counsel that he has received a letter from Urick
• Defense memo on call from Bilal 9/29/99 – informs defense counsel of new phone number

Prosecution Discovery #

LensCrafters Subpoena #

• LensCrafters Production to Urick 10/4/99 – Note we do not have the corresponding subpoena, we just know that LensCrafters made this production to Urick after receiving the defense’s ex parte subpoena
• LensCrafters Second Production to Urick 10/7/99 – Highlighting “Donald’s Mother”

Prosecution Witness Contacts #

• Letter from Urick to Bilal 8/20/99 – Requesting time for an interview
• Police Report noting interview on 3/4/99 of Jenn Pusateri at the State’s Attorney’s offices

Motions #

Motions before the first trial #

• Defense Motion to Compel Discovery and Motion to Compel Production of Tangible Evidence. (6/30/99)
  Asking Court to compel State to be more forthcoming with evidence they were legally required to give to Defense. (not available, referenced here)
• State’s Motion in Limine to bar disclosure of certain statements of an accessory-after-the-fact and a Motion for Protective Order. (7/7/99)
  Asking Court to allow State to withhold disclosure of Jay Wilds’ name and statements. Not available, but referenced here.
• State’s Motion to Disqualify Gutierrez (7/9/99)
  On the grounds that she had previously represented Bilal and Saad. Adnan’s case was argued by Michael Millemann. Referenced in State’s 2015 Appellee Brief, p11.
• Court’s Denial of State’s Motion to Disqualify (7/23/99)
  Not available but referenced in this brief on p11
• Court’s Denial of State’s Motion to bar disclosure relating to Jay Wilds (9/10/99)
  Judge Quarles noted that the State had a legal obligation to produce the statements and had produced no evidence that Jay was in jeopardy.
• Defense’s Motion for Continuance, date not known
• State’s Opposition to Motion for Continuance 10/13/99

Motions before the second trial #

• Motion in Limine to Exclude Testimony of Sharon Watts (01/7/00 excerpt from Evidence Prof Blog)
• Judge Heard’s Ruling on Motion in Limine re: Sharon Watts (undated excerpt from Evidence Prof Blog)
  Heard ruled that Nurse Watts is not qualified to testify whether defendant was “catatonic” or “malingering”