chewet wrote:
EllsBells, it was a bit confusing to me too, along with the timeline becoming most worrisome, ita! From what I read though, Gentz's first testimony would take place at a preliminary exam? I.e., arrest Monster, then sked the prelim within that 2-week timeframe. Only thing is, Monster's got that attorney that will delay, delay, delay, so I was left wondering: if this is indeed the prosecutor's avenue, as the article suggests, then what happens when the defense keeps delaying?
Yes, I thought that too until doing a little self-education. For interesting reading see:
http://courts.michigan.gov/education/mji/Publications/Documents/Mono-5-Preliminary-Exams.pdf and also
http://law.jrank.org/pages/1717/Preliminary-Hearing-Other-functions-preliminary-hearing.htmlThe quick take away is:
1) The prosecutor and the defendant are entitled to a prompt examination. The court must set a date for a preliminary examination within 14 days after the
arraignment on the warrant.
2) No discovery needs to be turned over prior to the preliminary examination as its purpose is to determine if a crime has been committed and if there is enough probable cause to believe that the defendant committed it. In other words, it is not to present a defense, but just if there is enough evidence to continue the case.
3) The defendant has the right to waive the preliminary hearing, but there is a risk in doing that because: a) witnesses must testify under oath which then can be used to impeach their testimony at trial, and b) the defense gets a peak preview of how the prosecution is going to present its case.
4) Prosecutors usually present only the minimum testimony needed to show probable cause, not the entire case for reasons mentioned in #3.
5) If the witness dies or refuses to testify between prelim and the trial, his/her prelim testimony can be entered as evidence at trial even though the defense obviously can't cross examine a videotape.
So, Bashara could waive this hearing, with a likelihood that the case can be delayed after December 2013 when Gentz may go back on his agreement to testify since it is post-sentencing. Personally I don't think he'll do that as he wants it clear that he was coerced and didn't act alone.
But given Gentz' cognitive problems, it's likely that there will be differences between his prelim and trial testimony. The prosecutor will probably want him to give only the most limited evidence. It will probably rely more on evidence of Bashara's lies and deception following the murder than on Gentz' statements, plus other factual info that doesn't rely on witnesses' memory.
This still leaves the statistical fact that as time drags on, witnesses memories do fade or something else prevents their testimony. Reportedly the prosecutors have massive evidence, so if we are significantly close to a 100% airtight case, I say let's bring charges now!
Really, what does waiting longer accomplish vs. the risk of witness decay? Don't let the perfect be the enemy of the good.
Home
just heard Monster is acting his typical, arrogant, sociopathic self in prison. Seems he has not made any friends there. Especially the guards. Hope we'll have a few more details shortly. Meanwhile, let us all hope and pray his actions in Manistee continue do him in. 
