Tuesday, April 5, 2011

BingoGate: Breaking News: Capel recommends that the motions to suppress the wiretap evidence be DENIED

This just in.  Judge Wallace Capel has recommended that District Judge Myron Thompson DENY the defendants’ motion to suppress the wiretap evidence.  However, since many of the motions related to this matter remain under seal, so too does Capel’s Report and Recommendations document.

More later, but here’s the relevant portion of a court filing released just moments ago:


The documents referenced in the first paragraph all relate to the motions to suppress the wiretaps.

It’s clear that Capel thinks the jury should hear the evidence. What’s not clear is how badly he spanked the prosecution for their failure to perform under Brady and Jencks.  More later.

UPDATE: It’s very clear that Capel has recommended that the motions to suppress be denied, and I’m comfortable letting this post stand despite protests that I don’t have an actual order or a copy of the report.  Here’s a second snippet from Capel’s order, released earlier this evening.


He is clearly referring to the motions to suppress.  Unless US District Judge is convinced that his Magistrate has made a material error in his analysis of the facts and the law in this matter, the wiretap evidence will go before a jury in June.

And eventually, it will become a matter of public record, so that we can all see what the alleged co-conspirators—and possibly even their co-co-conspirators—talked about last spring.

I’d still love to read Capel’s Report and Recommendation. He was quite abrupt from the bench during hearings on this issue, and his ire was aimed squarely at a prosecution team that didn’t think they were playing with Big Boys and Girls.

UPDATE II: Dothan Eagle’s Lance Griffin confirms.

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