Prosecution and defense teams for murder suspect David Attias haggled over the suppression of evidence collected from Attias’ parent’s home and former school, during a short hearing on Wednesday.
The court also agreed to set a final, March 6 hearing date to clear up unresolved matters before the trial begins on April 5. Attias is charged with 13 felonies, including four counts of murder.
The prosecution requested that Judge Thomas Adams clarify a Dec. 19 order, in which he granted a motion to throw out evidence gathered from Attias’ former school and the Attias family’s Santa Monica home. Assistant District Attorney Pat McKinley asked that he be allowed to use evidence gathered from Attias’ bedroom, as well as records seized from the school, including psychological records.
“If no defense expert is going to use the CEDU [High School] records, I’d like to use them because, one, the defense entered an insanity plea, waiving the [doctor]-client privilege, and two, that record … could have been seized by subpoena,” he said. “It’s not like there’s some bombshell in those records.”
Nancy Haydt and Jack Earley, Attias’ defense team, argued that all the evidence collected during both searches should remain suppressed.
McKinley also requested that the defense show him their witness list and all documents related to the defense strategy by the March 6 hearing date. Earley said the DA’s office has already had access to some of this material.
“[These disclosures] will continue in the next coming weeks, including things the court covered this morning and other matters. I expect most of these discoveries will be done by the March 6 date,” Earley said.
“We haven’t had a good fight in this case, and I don’t expect one,” McKinley said. “I certainly don’t want to get sandbagged … [but] an example of what I’m worried about: I can live with the March 6 date, but I don’t want on March 7 [or] March 20 another witness to pop up on the witness list. Many of the witnesses who are in school will still be here [in April], but if we push the trial date off …?”
Adams will decide whether or not to grant the prosecution’s requests on March 6.