What does this document mean?
Hello Friends. So many people have asked what the heck this document is, I had to answer.
The actual document is sealed, but we can learn something from the order to seal it. Let’s dissect it.
First, it was filed by Lindsey Blake, Fremont County Prosecutor, and Rob Wood, Special Prosecutor, so we know it’s from the state.
Second, let’s look at the caption. The motion is asking to seal a document that was doing more than one thing. I think that’s what’s making it confusing. Courts generally like one issue in one document. That makes keeping the database straight easier. But, this one does include more than one action. This motion asks to seal the state’s prior motion. The earlier motion did two things:
It objected to the defense entering a notice of appearance. That is a notice that officially designates which attorney represents the defendant so that future correspondence can be sent to that attorney and so the attorney will be served with any future filings. The state appears to have objected to one or both of the attorneys. AND
It asked the court for a finding of conflict. The state is asking the judge to find that the defense attorney has a conflict and therefore can’t continue as the defendant’s counsel. We don’t know what the state claims created the conflict or which attorney is being challenged. We can speculate that it may have something to do with a YouTube creator receiving information from Mark Means. It could also have a different origin; we don’t know.
For those of you that have been asking about the Notice of Intent to Seek the Death Penalty, the Idaho Rules of Civil Procedure 2.2 controls what happens when the filing deadline falls on a weekend. “if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.” Chad was arraigned on June 9, 2021. That makes the 60-day deadline August 8, 2021, which falls on a Sunday. That means the deadline is Monday, August 9, 2021. These notices are more than a single sentence telling the defendant they intend to seek the death penalty. The notice must contain their rationale and the proof, including aggravating factors, that support seeking the death penalty. I’m sure the state will wait until the last minute to file, especially since it may make new information public.
As always, thanks for reading.
