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|Judges Allows Subpoenas of Prosecution in Sheley Case
|FIRST REPORTED 3:00pm 11/12/10 The prosecution said it is a fishing expedition, but the judge saw merit Friday in subpoenas issued by defense lawyers for accused murderer Nicholas Sheley.
Sheley's defense team had subpoenaed the prosecution and the Attorney General's office for documents relating to any communications between the prosecution and the Illinois Department of Corrections as well as the governor's office.
The matter stems from the fact that the Attorney General's office represents both the state prosecution in the Sheley case and IDOC.
Jeremy Karlin argued that Sheley's 6th amendment right to a fair and speedy trial could be violated if the two legal teams representing the state and IDOC are privy to each other's information.
The IDOC must transport Sheley to scheduled tests or examinations, which is supposed to happen without any knowledge of the prosecution.
Karlin argued that because the two parties share legal representation at the Attorney General's office, that confidentiality could be compromised. Knox County Circuit Court Judge James Stewart denied the prosecution's motion to quash the subpoenas, saying when the trial finally comes to a close, it will be reviewed by the state Supreme Court, and the documentation support will a fair trial was given.
The prosecution said openly in court they had no knowledge of when and where Sheley was transported, but Stewart ordered it be put in writing.
About an hour later, a hearing with lawyers from the Attorney General's who represent the IDOC was held on the same matter. It was determined an open camera meeting would be scheduled with representatives from both parties to determine what documents would be included under that subpoena.
Another case management hearing is scheduled for December 16, for Nicholas Sheley, who allegedly killed 65-year old Ronald Randall of Galesburg two years ago.
|11 12 10 by Newsroom
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