Thursday, February 24, 2011

Brown County Five case inching along; no oral arguements planned

The court case involving the so-called Brown County Five is inching forward though the state’s 12th District Court of Appeals in Cincinnati likely won’t render a decision until late summer.

At the earliest, says Brown County Prosecutor Jessica A. Little.

It is Little who has filed an appeal regarding a technical point of law after being rebuffed late last year in Brown County Common Pleas Court.

Little said also that while she is in the process of writing a brief to present to the appellate court she has not requested that oral arguments be made; her privilege.

The reason, says Little, is because the issue deals with the technical Garrity Rights Rule and its potential application to the five felony-indicted former or present Ohio Division of Wildlife administrators.

“I’m working on the brief now and I received the transcript of testimony,” said Little who added she has 20 days from receiving the transcript to filing her brief.

After Little has filed her brief with the court the defense has 21 days to respond after which the Brown County Prosecutor has 10 days to write a rebuttal brief.

“I don’t see a (court) decision coming before six months; I’d be surprised if it happened before that,” Little said.

As for not making an appearance before the judges to present oral arguments, the issue before the jurists is one of law so that such verbal presentations are not necessary, Little said as well.

- Jeffrey L. Frischkorn

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