Wednesday, September 6, 2023

September 6, 2023, live hearings before Judge McAfee in Georgia case

Today's hearing was in regards to Chesebro and Powell's motions to sever their trials from each other.  (They also want to sever from the other 17 defendants, but that hearing comes later.)




Prosecutors estimate 4 months for trial, excluding jury selection.  (Judge McAfee says he thinks it can easily be twice that.)

In a RICO (conspiracy) case, evidence against one is evidence against all.  DA's office takes apart each of the defendants' cites of cases where severance was granted by noting they are not RICO cases.  

Among other points, DA's office notes that severance of trial into more than one would require victims to be retraumatized again and again, and having one trial mitigates against inconsistent verdicts.

Moral of the story:  DO NOT INVOLVE YOURSELF IN A CONSPIRACY TO COMMIT A CRIME.

Georgia's right to a speedy trial (requested by Powell and Chesebro) puts the case in a bind, but the extra complexity comes where those who want to remove the case to federal trial are waiting for a different judge (District Judge Steve Jones) to make a decision.  If Fulton County convicts, they can't enter the judgment until the removal to federal court is decided.  If Jones doesn't act quickly, Fulton County is cheesed, because there would, of course, be appeals to the 11th Circuit, and a lot of time can get eaten up.  

Also, Chesebro and Powell were the only two - SO FAR - to demand a speedy trial.  What happens if others do the same?  More hearing time?  More delays?  What happens if they get their speedy trial and the other defendants say they can't be ready in such a short time?

I don't think anyone envies Judge McAfee.

McAfee denies Chesebro's request to sever and Powell's request to sever in part because he doesn't believe their being tried together would be prejudicial to either.


Weekly sessions set for further hearings.







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