04-18-2012, 03:14 PM
From Court Dockets re Cameo Pettaway. I noticed this request for more funds the other day and thought good grief how greedy can we get! Thank goodness Judge Bates has some common sense.
4/18/2012 1 Title : ORD:MOTION DENIED
500-000007130 issued by 226 ()
This matter came on to be heard upon the Motion for
"Interim Fee Payment" filed by the defendant April 12,
2012. The Court on December 29, 2011 granted an initial
sum for this expert not to exceed $7,000.00. On February
13, 2012, the Court granted an additional sum of
$7,000.00. The motion requests the sum of $14,852.05
which goes beyond the appropriated amounts.
Counsel for the defendant requested an additional
$7,000.00 on April 11, 2012 which was approved by the
Court on April 12, 2012. The Court indicated that this
would be the final approval of funds for this mitigation
investigator.
It appears that the investigator is not paying attention
to the amounts appropriated by the Court. The bills and
time expended are outrageous. An investigator is to
assist counsel. We are paying this investigator $125.00
per hour which is significantly more than we pay counsel.
We also pay her $227.50 each time she comes from Illinois.
Because this is a death penalty case, it appears that the
investigator considers that there is no limitation of
funds. This is a form of extortion upon the Court. I
would again caution counsel to monitor the use of this
witness. The failure to do so within the present
appropriated funds will result in the inability to call
this witness if and when a mitigation hearing may be
conducted. The Court has admonished counsel not to seek
addition funds for this expert.
It is therefore ORDERED, ADJUDGED and DECREED that the
Motion for the Interim Payment for Mitigation service is
DENIED. The Court will rule upon the witnesses fee
request at the conclusion of the trial.
Date:
JUDGE JAMES D. BATES
4/18/2012 1 Title : ORD:MOTION DENIED
500-000007130 issued by 226 ()
This matter came on to be heard upon the Motion for
"Interim Fee Payment" filed by the defendant April 12,
2012. The Court on December 29, 2011 granted an initial
sum for this expert not to exceed $7,000.00. On February
13, 2012, the Court granted an additional sum of
$7,000.00. The motion requests the sum of $14,852.05
which goes beyond the appropriated amounts.
Counsel for the defendant requested an additional
$7,000.00 on April 11, 2012 which was approved by the
Court on April 12, 2012. The Court indicated that this
would be the final approval of funds for this mitigation
investigator.
It appears that the investigator is not paying attention
to the amounts appropriated by the Court. The bills and
time expended are outrageous. An investigator is to
assist counsel. We are paying this investigator $125.00
per hour which is significantly more than we pay counsel.
We also pay her $227.50 each time she comes from Illinois.
Because this is a death penalty case, it appears that the
investigator considers that there is no limitation of
funds. This is a form of extortion upon the Court. I
would again caution counsel to monitor the use of this
witness. The failure to do so within the present
appropriated funds will result in the inability to call
this witness if and when a mitigation hearing may be
conducted. The Court has admonished counsel not to seek
addition funds for this expert.
It is therefore ORDERED, ADJUDGED and DECREED that the
Motion for the Interim Payment for Mitigation service is
DENIED. The Court will rule upon the witnesses fee
request at the conclusion of the trial.
Date:
JUDGE JAMES D. BATES
"A man is rich in proportion to the number of things he can afford to let alone."
Henry David Thoreau
Henry David Thoreau