At 1:30 PM today attorneys from both sides in the Thomas Leggs case met with the Honorable Judge Long to discuss three topics.
Of course the first was the change of venue. Judge Long expressed how difficult it is going to be to move the case. For starters, many of the Courts are now short staffed, over crowded dockets and some are under renovations.
The second issue was how long the case would take overall. The final question was, when will both parties be ready to try the case.
States Attorney Davis Ruark stated he expected the case to last around 15 days or three weeks, considering there are only 5 work days in each week.
The Defense attorney went on about how she expected it to take an additional three weeks considering the DNA and Biological evidence. Davis stood up and stated, your honor, when I said three weeks I included what we felt would be their time and our time. I can't see this case lasting longer than 3 weeks over all.
This case may be the first death penalty case to be tried under the new law. While there is still evidence being investigated by the Maryland State Police and FBI Labs, they expect that evidence to be returned in mid July.
The Judge asked about the Hicks law. The defense attorneys have 180 days to review the evidence but that would be extended an additional 180 days under the Hicks law from the day they change the venue. However, Leggs was willing to waive that and said so in court today.
After all was said and done, everyone agreed that this case would not go to trial before January or February of 2011. The defense attorney asked for access to their client on nights and weekend, wherever they change the venue to.
She went on to talk about the massive publicity this case has received, especially here on the Shore. She mentioned the 3,000 people that showed up to search for Sarah as well as a recent Birthday celebration where hundreds of people showed up.
The biggest kicker of today's hearing was the fact that O'Donnell also mentioned certain national studies that were done referencing Baltimore City having the second highest conviction rate in death penalty cases and she did not want the case heard there. She even mentioned how she feared for the Jurors personally and perhaps in their own businesses being ridiculed by the public.
There was much discussion about the Families on both sides being subjected to traveling so far from home each day if the case was sent to let's say Rockville as an example. Witnesses would also have to travel daily back and forth and could create a major hardship. Judge Long stated he should have an answer by next week as to where the case would be sent.
To give you an idea about criminals on death row, Jody Lee Myers is from Wicomico County and has been on death row for 12 years now. Until Governor O'Malley either changes his mind or we get a new Governor in Office with a set of stones willing to make changes to the death penalty, I don't think it's going to matter where the case is held. One thing is for sure, this trial is going to take about a year. It may only takes weeks to try but by the time they sentence him it will be a year. I can't see Judge Long sending the case too very far away from this County though. There's too much at stake and the expenses would be far too high. The case will more than likely be heard somewhere here on the Eastern Shore.
Time will tell.