A defense expert who says he found anomalies in FBI recordings of murder-for-hire suspect Edgar Steele will not be able to testify remotely from his tropical vacation, a judge ruled this morning.
Defense lawyers did not subpoena George Papcun, who is vacationing in Bora Bora with his wife and unable to testify in person.
They requested a two-day extension to give them time to get Papcun to Boise, but U.S. District Judge B. Lynn Winmill declined.
“This is a problem that the defense is making, not the courts,” Winmill said. He cited the phrase “procrastination on your part does not constitute an emergency on mine.”
The jury was sent home until 8:30 a.m. tomorrow; Winmill said there's a chance Papcun could fly to Boise overnight and testify then.
The case could go to the jury Thursday morning, Winmill said. “Certainly we'll have it presented to you before the end of the week,” Winmill told jurors.
Papcun could be the last defense witness; defense lawyer Robert McAllister said Edgar Steele has not yet decided if he will testify.
“If he does make that decision, I would like him to be the last witness in our case,” McAllister said.
Tyllim on May 03 at 4:49 p.m.
I am curious as to why the expert couldn’t be allowed to testify over video feed, an occurrence that is becoming common in trials across the country. The Ukrainian women’s testimony was handled as such for the prosecution (or so I believe), so why not allow the same courtesy to the Defense? Does anyone know the Judge’s reason for changing his mind?
monamontgomery on May 21 at 10:45 a.m.
Why do you think the judge changed his mind? What probably happened is that the defense asked the judge if it was okay with the judge to let the expert testify remotely and the judge said, “It’s okay with me.” Then the prosecution said, “It’s not okay with us” and made a motion, quoting the law and the judge had to rule in favor of the prosecution. The law states that you can only have remote testimony for good cause with safeguards. There were safeguards with Loginovna in the form of a U.S. Attorney being right there to identify her. Also, there was good cause with Loginova because she had subpoenaed and refused to come to the USA (which was her right since the USA had no jurisdiction over her), There was no good cause in the case of Papcun because he was a USA citizen and furthermore, had not been subpoenaed. Also, there was no safeguard in Bora Bora to identify Papcun. I am guess that the prosecution raised these points and judge was forced to rule in favor of the prosecution once the motion was filed with the court.