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		<title>Fani Willis and Trump RICO defense argue over new witnesses</title>
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		<pubDate>Sun, 10 Mar 2024 09:26:10 +0000</pubDate>
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					<description><![CDATA[<p>Fulton County District Attorney Fani Willis during a hearing on the Georgia election interference case, Friday, March 1, 2024, in Atlanta. (AP Photo/Alex Slitz, Pool) Embattled Fulton County District Attorney Fani Willis and a defense attorney argued over the introduction of new evidence in the ongoing disqualification drama, threatening to derail the racketeering (RICO) and [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/fani-willis-and-trump-rico-defense-argue-over-new-witnesses/">Fani Willis and Trump RICO defense argue over new witnesses</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_444019" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-444019" class="size-full wp-image-444019" src="https://am21.mediaite.com/lc/cnt/uploads/2024/03/AP24061719045089.jpeg" alt="Fani Willis in court" width="1200" height="627"/></p>
<p id="caption-attachment-444019" class="wp-caption-text">Fulton County District Attorney Fani Willis during a hearing on the Georgia election interference case, Friday, March 1, 2024, in Atlanta. (AP Photo/Alex Slitz, Pool)</p>
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<p>Embattled Fulton County District Attorney <a href="https://lawandcrime.com/tag/fani-willis/" target="_blank" rel="noopener">Fani Willis</a> and a defense attorney argued over the introduction of new evidence in the ongoing disqualification drama, threatening to derail the racketeering (RICO) and election subversion case against former President Donald Trump.</p>
<p>On Tuesday, the district attorney’s office filed a <a href="https://www.documentcloud.org/documents/24469833-fani-willis-shafer-response-willis-dq" target="_blank" rel="noopener">five-page response</a> with the Fulton County Superior Court arguing that two new proposed witnesses should not be allowed to testify about their knowledge of Willis’ admitted relationship with special prosecutor Nathan Wade.</p>
<p>On Friday, attorney Craig Gillen, in a <a href="https://www.documentcloud.org/documents/24468609-shafer-reply-willis-dq" target="_blank" rel="noopener">four-page reply</a>, took Willis to task for her office’s opposition to one would-be witness in particular.</p>
<p>“The irony of the staff of one district attorney’s office objecting to a member of another district attorney’s office prepared to come forward and testify regarding the disqualification of a district attorney should not be lost on the Court,” the filing reads.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Gillen represents co-defendant <a href="https://lawandcrime.com/?s=David+Shafer" target="_blank" rel="noopener">David Shafer</a>, the onetime Georgia GOP chair who prosecutors say was integral to the <a href="https://lawandcrime.com/2020-election/judge-overseeing-fulton-county-das-election-probe-wont-quash-subpoenas-against-fake-trump-electors-warns-against-october-surprise/" target="_blank" rel="noopener">fake electors plot</a>.</p>
<p class="qualified qualified-6"><a href="https://lawandcrime.com/high-profile/georgia-prosecutor-has-evidence-fani-willis-and-special-prosecutor-in-trump-rico-case-began-dating-years-ago-court-filing-alleges/" target="_blank" rel="noopener">As Law&amp;Crime previously reported</a>, Shafer’s request proposes the testimony of Cindi Lee Yeager, a prosecutor in nearby Cobb County.</p>
<p class="qualified qualified-7">Yeager’s testimony was offered to substantiate claims made by Terrence Bradley, Wade’s former divorce lawyer and law partner, regarding the timeline of the DA’s relationship with the man she put in charge of the most consequential criminal case in Peach State history.</p>
<p class="qualified qualified-8">Bradley said the two prosecutors “absolutely” began dating before Willis hired Wade — but those claims were made out of court. When testifying under oath, Bradley said he could “not recall” or was only “speculating” about various details regarding the Willis-Wade relationship — including when the since-admitted tryst began.</p>
<p>The timeline of the affair is widely considered to be crucial.</p>
<p>Wade was hired on Nov. 1, 2021. The crux of the defense’s argument for removing Willis and Wade is that the district attorney hired her then-boyfriend for the job and reaped something akin to a financial windfall. Testimony that could establish the relationship began years before November 2021 would be highly damaging to the state.</p>
<p class="qualified qualified-7">Yeager says when Bradley testified, he made several statements “directly contrary” to what he told her during “numerous” conversations between August 2023 and January 2024, <a href="http://documentcloud.org/documents/24457749-shafer-new-evidence-motion">the earlier filing from Shafer</a> offering the prosecutor’s testimony claims.</p>
<p class="qualified qualified-8">“Mr. Wade had definitely begun a romantic relationship with Ms. Willis during the time that Ms. Willis was running for District Attorney in 2019 through 2020,” the March 4 filing claims Bradley told Yeager. “Mr. Bradley stated that he had personal knowledge of the relationship between Mr. Wade and District Attorney Willis.”</p>
<p><a href="https://lawandcrime.com/high-profile/another-witness-comes-forward-about-fani-willis-relationship-with-special-prosecutor-in-trump-rico-case-but-legal-experts-question-whether-judge-will-reopen-evidence/" target="_blank" rel="noopener">Later the same day</a>, a markedly similar filing was made offering testimony from Atlanta-based defense attorney Manny Arora.</p>
<p class="qualified qualified-6">“Between September through October 2023, Mr. Arora had several conversations with attorney Terrence Bradley regarding the relationship between District Attorney Wills and Nathan Wade,” the motion on behalf of co-defendant Cathy Latham reads.</p>
<p class="qualified qualified-7">Arora says Bradley told him Wade and Willis “had definitely begun a romantic relationship” when the district attorney was first campaigning for her job between 2019 and 2020.</p>
<p>The next day, the district attorney’s office objected to either Yeager or Arora being allowed to testify in the disqualification case.</p>
<p>“The law fundamentally favors finality,” the state’s response reads. “It does not allow for endless re-hearings and reopening of evidence based simply upon regret about prior strategy, consistently unsubstantiated positions or political incentive.”</p>
<p>Calling the offers of proposed testimony a “last minute, self-serving barrage,” Willis and her lieutenant Adam Abbate argue the Yeager and Arora testimony would be repetitive and “impermissible hearsay.”</p>
<p>The state also suggests that Yeager’s testimony is intended to help her boss fend off a challenger in an upcoming election.</p>
<p>“Attorney Yeager is employed as second-in-command to Cobb County District Attorney Flynn Brody, whose reelection is currently being challenged by a Deputy District Attorney of the Fulton County District Attorney’s Office,” the response says. “The timing of Attorney Yeager’s proposed testimony is not coincidental.”</p>
<p class="qualified qualified-9"><a href="https://lawandcrime.com/high-profile/they-knew-it-was-wrong-defense-calls-out-fani-willis-and-trump-rico-case-special-prosecutor-for-hiding-romantic-relationship-in-disqualification-hearing-closing-arguments/" target="_blank" rel="noopener">Closing arguments</a> in the disqualification hearing were held last week — but that is not much of a barrier should Fulton County Superior Court Judge Scott McAfee decide the Yeager-Arora evidence is worth hearing under oath. Trial court judges in Georgia have wide latitude to reopen the evidentiary record — they can do so more or less at will.</p>
<p>“In the interest of the ascertainment of the truth relating to the serious issues of prosecutorial misconduct raised by the defense, the Court should decline to strike the proposed testimony of Deputy Chief Assistant District Attorney Yeager and Mr. Arora, and should reopen the evidence to hear and consider their testimony,” Shafer’s latest motion concludes.</p>
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<p>The post <a href="https://homesafetytechpros.com/fani-willis-and-trump-rico-defense-argue-over-new-witnesses/">Fani Willis and Trump RICO defense argue over new witnesses</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Alex Murdaugh, prosecutors argue for and against new trial</title>
		<link>https://homesafetytechpros.com/alex-murdaugh-prosecutors-argue-for-and-against-new-trial/</link>
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		<pubDate>Fri, 05 Jan 2024 01:35:39 +0000</pubDate>
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					<description><![CDATA[<p>Lawyers for convicted double murderer Alex Murdaugh say the clerk of court in his murder trial forwarded emails about defense witnesses to prosecutors and talked with jurors about the case during his six-week trial, according to a newly filed brief. Murdaugh is asking for a new trial, claiming Becky Hill tampered with the jury by [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/alex-murdaugh-prosecutors-argue-for-and-against-new-trial/">Alex Murdaugh, prosecutors argue for and against new trial</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<p><iframe title="Alex Murdaugh&#039;s Lawyers Slam Embattled Court Clerk in New Documents" width="760" height="428" src="https://www.youtube.com/embed/UdyCMcpTcF0?feature=oembed" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" allowfullscreen></iframe></p>
<p>Lawyers for convicted double murderer Alex Murdaugh say the clerk of court in his murder trial forwarded emails about defense witnesses to prosecutors and talked with jurors about the case during his six-week trial, according to a newly filed brief.</p>
<p>Murdaugh is <a href="https://lawandcrime.com/high-profile/alex-murdaugh-attorneys-file-motion-for-new-trial-alleging-clerk-of-court-tampered-with-jury-during-double-murder-trial-and-fabricated-evidence-to-have-a-juror-removed/">asking for a new trial</a>, claiming Becky Hill tampered with the jury by speaking to them about her belief in their client’s guilt. In a brief filed this week, attorneys Jim Griffin and Dick Harpootlian said they plan to impeach Hill’s testimony. They said she should not be allowed to invoke her Fifth Amendment rights against self-incrimination if called to testify. </p>
<p>“She waived the right to assert the Fifth Amendment in this proceeding when she submitted an affidavit specifically denying each allegation against her,” Griffin and Harpootlian wrote. </p>
<p>Prosecutors <a href="https://lawandcrime.com/live-trials/live-trials-current/alex-murdaugh/book-writing-murdaugh-murders-clerk-submits-sworn-affidavit-denying-serious-jury-tampering-claims-as-prosecutors-highlight-bizarre-details-to-combat-new-trial-bid/">submitted an affidavit signed by Hill</a> to the court in which she denied all of the allegations of jury tampering. Since then, though, Murdaugh’s lawyers say new information has come to light, further calling Hill’s credibility into question. </p>
<p>“Ms. Hill is alleged to have stolen money, illegally sold access to the courthouse, conspired with her son to conduct illegal wiretaps, and even had her book removed from publication because of her plagiarism,” the lawyers wrote. </p>
<p>Hill’s son, <a href="https://lawandcrime.com/high-profile/son-of-murdaugh-trial-court-clerk-charged-with-wiretapping/">Jeffrey “Colt” Hill, was charged with one count of wiretapping</a> last November. He’s accused of using his position as Colleton County IT director to listen to the phone calls of another county employee. FITSNews in South Carolina <a href="https://www.fitsnews.com/2023/12/05/becky-hill-fallout-latest-on-solicitors-request-for-grand-jury-investigation/">has reported Colt Hill</a> did so to keep his mother up to date on an ethics complaint made against her regarding her conduct during the Murdaugh trial. </p>
<p> Hill wrote a book after the trial, “Behind the Doors of Justice.” Late last year, <a href="https://lawandcrime.com/high-profile/embattled-court-clerk-from-alex-murdaugh-trial-faces-plagiarism-allegations-over-book-about-lowcountry-murder-case-co-author-says-they-will-unpublish/">she admitted to using a BBC reporter’s story</a> in the book without the reporter’s permission. FITSNews also reported that <a href="https://www.fitsnews.com/2023/12/14/murdaugh-clerk-drama-becky-hill-rips-ethics-complaints-filed-against-her/">Hill is being investigated for misusing federal funds</a> at the Colleton County Clerk of Courts Office that were earmarked for child support enforcement. </p>
<p>Murdaugh’s lawyers claim these revelations have damaged Hill’s credibility regarding her denials.</p>
<div id="attachment_420443" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-420443" class="size-full wp-image-420443" src="https://am21.mediaite.com/lc/cnt/uploads/2023/11/Alex-Murdaugh-Becky-Hill-.jpg" alt="Alex Murdaugh appears in the main image, Becky Hill appears inset" width="1200" height="627"/></p>
<p id="caption-attachment-420443" class="wp-caption-text">Alex Murdaugh awaits his verdict, Colleton County Court Clerk Rebecca “Becky” Hill reads the verdict sealing Murdaugh’s fate on March 2, 2023 (Law&amp;Crime Network)</p>
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<p>While none of the jurors in Murdaugh’s trial have claimed Hill’s comments impacted their decision to find him guilty, Murdaugh’s lawyers say that is not the legal standard. </p>
<p>“Even if every juror were to testify that he or she would have reached the same verdict regardless of Ms. Hill’s tampering, a new trial is required if it is proven that Ms. Hill communicated with jurors about the merits of the evidence presented,” Griffin and Harpootlian wrote. </p>
<p>Prosecutors view the case much differently, however. They hope to preserve the murder convictions and claim Murdaugh hasn’t met the bar for an evidentiary hearing. </p>
<p>In a brief filed Thursday, prosecutors said the burden is on Murdaugh to prove the jury tampering occurred. </p>
<p>“Not a single juror who actually deliberated on the case indicates that their deliberations or verdict was in any way affected by the improper contacts alleged,” prosecutors wrote. </p>
<p>Prosecutors are asking Justice Jean Toal, who is now presiding over the motion for a new trial, to limit questioning of the jurors to two issues: first, did they answer when polled after the verdict, and did they follow Judge Newman’s instructions to follow the law and the evidence when reaching a verdict. </p>
<p>The defense stated in its motion that jurors would be questioned in camera, meaning behind closed doors. And Justice Toal would be the person to question the jurors.</p>
<div id="attachment_365581" style="width: 1210px" class="wp-caption alignnone"><img decoding="async" aria-describedby="caption-attachment-365581" class="size-full wp-image-365581" src="https://am22.mediaite.com/lc/cnt/uploads/2023/02/Judge-Clifton-Newman-upbraids-Alex-Murdaughs-defense.jpg" alt="Judge Clifton Newman upbraids Alex Murdaugh" s="" defense="" width="1200" height="627"/></p>
<p id="caption-attachment-365581" class="wp-caption-text">Judge Clifton Newman upbraids Alex Murdaugh’s defense attorneys for improperly objecting on Feb. 2, 2023, in Colleton County, S.C.</p>
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<p>Judge Clifton Newman, who is now retired but presided over Murdaugh’s trial, would also be questioned in camera by Justice Toal if necessary. </p>
<p>A hearing will be held on Jan. 16 in Richland County, South Carolina. The evidentiary hearing is scheduled for Jan. 29-31. </p>
<p>Alex Murdaugh is serving two consecutive life sentences for the murders of his wife, Maggie, and son, Paul. They were found shot to death on the family’s Moselle property in June 2021. </p>
<p>Murdaugh has maintained his innocence. Late last year, he pleaded guilty in state court to a long list of financial crimes charges. He is serving a 27-year sentence. He will be sentenced this year on federal charges for the same crimes.</p>
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