MCCLELLAN, GATTON & TALCOTT,
Re: State of North
Carolina v. Theodore Kimble; State of North Carolina v, Ronnie
Kimble - Trial Scheduling
We have recently received information that upon having approached Judge Beale with regard to scheduling of the above matters, he was unwilling to accept trial of these matters during the April terms of court. Presuming that to be the case, I would like to suggest we again turn to efforts of trying to find a trial date suitable for all of the parties involved.
As a result of no apparent agreement, Mr. Bryson has agreed to May with another member of your staff as a potential trial date for another death penalty case. Each of the defense attorneys have conflicts posed as a result of other scheduled matters. Also we are still awaiting the availability of the investigator.
In trying to
arrive at a date, please consider that our previous suggestions were
not lightly arrived at. In reviewing the months ahead, we must
recover our investigator and complete elementary portions of our
investigation, Mr. Bryson must resolve the May trial conflict
problem, the month of June and July include the Judges conference,
previously noticed vacation weeks, and Mr. Bryson's family concerns.
In discussing these problems among defense counsel, rather than
having to work continuously around scheduling obstacles, we felt it
would be best to find a block of time that all attorneys are
available, vacations are not impending, and for which immediate
agreement is possible. We can commit to an August-September date
because there are no impediments at this point,
As we all
know, even these blocks of time that are several months away do not
remain pristine for long. Other courts, and especially federal
conflicts, adopt dates several months in advance and tend to act as
if they are inflexible and scheduled with peremptory effect. In
order to avoid this problem, we again suggest that we come to a
mutual agreement shortly to a trial period that all parties are
aware of and will commit to.
understand your concern in adopting a date or period in which the
trial judges have riot been announced. We ourselves are not aware of
who has been assigned nor the weeks of trial that are scheduled. It
is not our strategy to pick a particular judge, or for that matter
force trial at a particular week. If we could arrive at a general
period in which the trial would begin, during the month of August or
September, we would be willing to let you select your preferred
judge and the week the trial would commence. We would only ask that
you inform us of your court and trial term as soon as reasonably
possible. We will make all efforts to avoid any prospective
conflicts during the time we think it would be necessary to complete
trial of the case.
this case, I have discussed with the other attorneys the need to
avoid emotional and sometimes bitter disputes as to the underlying
facts and circumstances raised by family and witnesses. We discussed
the necessity that all the attorneys, including yourself, must
attempt to work together to keep the case on a professional and
workmanlike relationship. Committing to an agreed upon and mutually
acceptable schedule for the trial date would aid in this. We still
hope we can come to an agreement, and avoid situations where in
other districts the courts have actually had to step in and adopt
case management plans, or micro manage individual cases.
certainly be willing to meet with you again, or discuss any
alternatives or problems we should consider in the scheduling.
for your assistance and we look forward to hearing from you.
MCCLELLAN, GATTON & TALCOTT, L.L.P.
Robert L. McClellan
Published August 15, 2006. Report broken links or other problems.
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