Here is a narrative of what I saw in court today. Before I get started, I should explain the kind of session held this morning. It was to deal with motions and orders that could be covered in 30 minutes or less. When Judge Potter called the roll of cases, most needed only one to five minutes of the court’s time. Normal procedure is to call the quick cases first so that those folks don’t have to stay longer than necessary.
When he called Walker v. Kimberlin, et al., TDPK responded that he needed 10 minutes, and Dan Backer, Aaron Walker’s lawyer, asked that the time be extended to 20 minutes. Judge Potter then called the case first, ahead of the shorter cases, saying that he felt that since more than 30 minutes would be necessary to resolve the issues before the court, he wanted to postpone today’s hearing, consolidate it with the hearing scheduled for 9 November, and reschedule everything on a date when more time would be available. Also, TDPK had a subpoena duces tecum served on the Prince William County Police, and the County Attorney has filed a related motion which the judge wanted to cover in the same hearing as well. The first free date was 4 December, and that was the date agreed to.
The judge said that it seemed that he was seeing this case “every Friday” and that he wanted to get through the pre-trail motions. All of his previous orders regarding discovery and confidentiality remain in effect. He also mentioned that there were over 500 pages of discovery material. That implies two interesting things. First, since it’s obvious that TDPK’s non-responsive response probably runs less than ten pages, the data dump from Aaron Walker must have been substantial. Second, the judge is looking at the discovery material, and that’s something judges rarely do.
Dan Backer has yet to file responses to the TDPK’s motions which were to have been heard on 9 November. If he had won his motions today, TDPK’s motions would have been moot. It’s reasonable to assume the Mr. Backer is now at work on his replies. I look forward to sharing them with you after they are filed.
<mockery>If TDPK thinks that he came out ahead today, he should realize that his karma account is growing with compound interest.</mockery>
There were some other interesting developments related to the case today that I am running down. So stay tuned.
Oh, and don’t worry. We won’t run out of popcorn.