Brophy defense questions validity of witness sharing jail space, hearing held

1 week ago 14
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PORTLAND, Ore. (KOIN) — On Friday, alternatively of holding different proceedings day for Nancy Crampton Brophy, the defence brought radical to the basal to question the validity of a witnesser who shared a jailhouse abstraction with Brophy.

The witnesser successful question is Anndrea D. Jacobs, who was sentenced successful January 2021 to national situation for taxation crimes and slope fraud and was successful jailhouse astatine the aforesaid clip arsenic Brophy from January 2021 to March 2021, according to the court. A lawyer for Jacobs was subpoenaed for documents pertaining to Jacobs’ lawsuit and a question was filed to quash the order.

Multnomah County Circuit Judge Christopher A. Ramras quashed the subpoena aft an lawyer for said lawyer argued that the 24-hour announcement to supply the documents is not successful enactment with the 20 days to supply the documentation. There was besides a question arsenic to what was admissible regarding client-attorney privileges.

It was besides unclear if Jacobs had caller counsel. The tribunal said she was jailed successful Texas but was en way to Oregon to attest successful the case.

The defence had questions if Jacobs was offered a woody by authorities astir a erstwhile transgression substance oregon different transgression charges she could perchance look successful the future.

In their argument, the defence said Jacobs knew astatine the opening of 2021 that she would beryllium facing imaginable prosecution. Judge Ramras past requested much accusation connected the factual connection presented to Jacobs by the Oregon Department of Justice.

Another lawyer for Jacobs was besides subpoenaed for information.

The attorney, who was representing the lawyer successful question, argued the conversations betwixt Brophy and Jacobs were aft the sentence. The defence argued the accusation would beryllium important to cognize if Jacobs’ lawyer utilized the accusation to get her a amended deal.

The defence besides said it was suspicious Jacobs was held that agelong with Brophy but did admit the coronavirus pandemic arsenic a factor, arsenic well.

A caller lawyer for Jacobs, Grant Hartley, was besides subpoenaed for producing accusation astir Jacobs, but helium motioned to quash the order. One of the reasons fixed to rescind the bid was due to the fact that Hartley did not cognize if determination were immoderate files with non-client-attorney privilege information.

Brophy’s lawyers countered by saying determination is specified accusation based connected the DOJ investigation.

The justice decided to clasp the regularisation connected this question until proceeding from different idiosyncratic named by the defense.

First connected the stand: Alicia Hercher

The defence asked Hercher astir a speech she had with Prosecuting lawyer Shawn Overstreet a twelvemonth oregon 2 agone regarding a erstwhile lawsuit of Hercher named Catherine Wells. Hercher testified that Overstreet spoke astir Wells with Overstreet due to the fact that her lawsuit was looking for opportunities to settee her case.

Hercher said Overstreet told her Wells was jailed with Brophy, but she said she did not cognize who Brophy was astatine the time.

Overstreet aboriginal countered Hercher’s recounting of the conversation.

Hercher said the speech took spot successful a hallway portion Overstreet said Hercher called him astir Wells. Once Hercher presented Wells with the accidental to talk with Overstreet astir Brophy, she said her lawsuit became aggravated with the proposal.

Overstreet said helium aboriginal spoke with Hercher successful a hallway erstwhile she gave him an update connected Wells not consenting to speech to him.

Second connected the stand: Donna Maddux

Maddux present works astatine a backstage firm, but she erstwhile worked for the U.S. District Attorneys’ Office and worked connected 2 cases regarding Jacobs.

The Attorney’s Office gave the greenish airy for Maddux to sermon what’s connected record.

Once the defence began questioning Maddux, they noted the negotiated colony for some of Jacobs’ plea deals. There was nary proceedings successful either lawsuit with an statement of 4 years of imprisonment.

Maddux agreed with the defence that deals similar these were uncommon successful national tribunal successful fraud cases.

Maddux called Jacobs’ cases “extraordinary” owed to the charges. She remembers telling the tribunal Jacobs posed a hazard for lying.

“I think, arsenic I said astatine the hearing, the information that (Jacobs) says thing is existent has nary bearing connected the truth, and that determination has to beryllium thing other for Ms. Jacobs due to the fact that she has shown herself to beryllium specified a prolific and skilled liar,” Maddux said.

Once the prosecution questioned Maddux, she acknowledged that 4 years for fraud successful Oregon was common. Maddux did adhd that Jacobs did not get a woody connected her condemnation based connected giving information.

Third connected the stand: Curtis Haunie

Haunie is simply a dentist successful Hood River who hired Jacobs arsenic an autarkic contractor astatine his dental practice. He told the tribunal helium was made alert of checks being deposited extracurricular of the business’ account.

Despite Jacobs moving successful the administrative area, she had nary authorization to unfastened mail, added Haunie, who called Jacobs a “wonderful actress.” He said Jacobs’ behaviour wouldn’t awesome she was the idiosyncratic cashing the checks.

Once helium learned she was the 1 cashing the checks, Haunie told the tribunal Jacobs was calm, projected solutions to resoluteness the concern and aboriginal near the business. Haunie did not picture Jacobs arsenic tense during the confrontation.

There was nary cross-examination of Haunie by the prosecution.

Fourth connected the stand: Rhonda Slavic

The defence called Slavic to the basal due to the fact that her member was successful concern with Jacobs – the 2 aboriginal declared bankruptcy. She said her household had concerns astir the integrity of the business.

Slavic did admit her member had a romanticist narration with Jacobs astatine immoderate point.

As for concerns Slavic had, she said Jacobs told her she was being treated for crab astatine Oregon Health & Science University but aboriginal recovered retired that wasn’t true. She besides told the tribunal Jacobs told her she received a $20M settlement.

Slavic added that Jacobs handled the billing successful the concern with her member earlier losing her transportation arsenic she took the basal remotely.

Fifth connected the stand: John Tseng

Tseng works arsenic a Medicare fraud investigator. The justice asked Tseng if negotiations with Jacobs’ lawyer astatine the clip — Hartley — centered astir Jacobs providing accusation connected different transgression matters, which Tseng negated.

After Tseng’s testimony, the justice decided to quash the subpoena issued to Hartley.

Outside of the stand

Brophy’s lawyers presented excerpts betwixt a detective and Jacobs successful court. The detective did accidental helium could not committedness Jacobs thing without proceeding archetypal what she had to accidental regarding Brophy.

Overstreet aboriginal addressed the tribunal and said the prosecution was not alert of thing Jacobs is being investigated on. He added that Jacobs volition look successful tribunal adjacent week but is not a blessed witnesser due to the fact that helium has made it wide that determination is thing circumstantial for her to gain.

Towards the extremity of the day, a defence lawyer for Brophy noted that Jacobs has a grounds of fooling doctors and others. The defence past requested six months to beryllium capable to decently hole for Jacobs’ grounds successful court.

The prosecution argued that the defence wants to propulsion the proceedings for six months to person a greater crushed for the justice to propulsion retired the witness. As for the defense, Brophy’s lawyers said they would person wanted to cognize astir this witnesser sooner to person much clip to prepare.

Overstreet past noted a missive Wells sent to Brophy, which helium says mentions Jacobs saying she had thing to accidental astir Brophy’s case. He besides noted that the prosecution did not technically person this missive successful their possession due to the fact that letters are lone copied erstwhile sent to inmates and past delivered to the sender.

He past argued that due to the fact that Brophy had received the letter, the defence technically knew astir Jacobs astatine an earlier time.

The prosecution added that beardown opinions astir Jacobs should not beryllium a crushed to propulsion her retired arsenic a witnesser but did admit her colorful history.

At the extremity of the day, Judge Ramras decided to array the question connected Jacobs arsenic a witnesser to Monday, May 16.

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