By CHERI ROBERTS for Challenging the Rhetoric
Late yesterday, Thomas K. Coan, the attorney for jailed internet talk show host, Pete Santilli, filed a motion ex parte on his clients behalf. The motion is under seal. There is no time stamp on the filing.
In general, ex parte is a legal proceeding brought by one in the absence of and without representation or notification of other parties. Meaning, this is not disclosed to the prosecutors nor Santilli’s co-defendants while under seal if the judge grants the motion.
According to Wiki,
Ex parte is most often used [on a temporary basis] when there is a presumed or perceived imminent or ongoing harm or danger, in order to protect the one filing.
According to Law.com,
Ex parte matters are usually temporary orders (like a restraining order or temporary custody) pending a formal hearing or an emergency request for a continuance.
A judicial officer may grant or deny the relief requested without a hearing.
The term “work product” in the filing refers to work put together specifically in preparation for litigation or the filing.
Law.com says ‘work product’ is,
Written materials, charts, notes of conversations and investigations, and other materials directed toward preparation of a case or other legal representation. Their importance is that they cannot be required to be introduced in court or otherwise revealed to the other side. Sometimes there is a question as to whether documents were prepared by the attorney and/or the client for their use in the case preparation or are documents which are independent and legitimate evidence.
In other words, whatever ‘work product’ sealed in the motion was specifically created for the purpose of this filing. It is not something that was previously presented or even disclosed.
Currently all the Oregon Standoff defendants are grouped for a single trial. They had all previously agreed to this, however, it has been rumored some defendants may ultimately separate their cases from that of their co-defendants.
Are we seeing the beginnings of Santill separating himself from his co-defendants? If so, what would warrant an ex parte request? Remember, ex parte means Santilli perceives some harm or danger in what he wants to provide via a “workproduct” and neither the prosecutors, nor his co-defendants get to see it, at least temporarily, if the judge rules in favor.
Stay tuned …
UPDATE: Peter Santilli. Ex Parte hearing with defense counsel and defendant only is SET for 3/22/2016 at 09:30 AM in Portland Courtroom 14A before Judge Anna J. Brown
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