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**TRIAL UPDATE & MISINFORMATION CORRECTION**
(Posted 12/16/08)
The trial
is scheduled for May 4 & 5, 2009
I received copies of posts made by Kathleen Banks (DAR&E)
and Athy that appeared on another list.
Kathleen states: Wanda Minnick has posted
that DAR&E had asked for postponement in the trial that was to have taken place Dec 16, 2008.
Then Athy piped in with her spin: Again, DAR&E
absolutely did NOT request this postponement. This latest postponement, as with all the preceding ones, was initiated by McGeary
and her attorney. It is my understanding that a witness subpoenaed from Texas was unable to attend the trial on December 16.
Therefore, a postponement was granted.
Once again they have decided to release their own version
of the facts. Reread my post. Nowhere did I say that DAR&E requested the postponement.
Athy stated that all preceding postponements were initiated
by McGeary and her attorney. Let's see.
1. Dec. 6th, 2007 Postponed by the DA to Jan 2008
2. April 2nd, 2008 Postponed by the court. Motions were to
be heard and the Judge didn't read the motions before hand. Rescheduled
to July 18th.
3. July 18th postponed and rescheduled by the court and Commonwealth
to Aug 1st
4. Aug 1st postponed and rescheduled by the commonwealth and
the court to Aug 25th
5. Aug. 11th The defense requested the court date to be rescheduled
from Sept 11th due to lack of time to prepare for trial because of the Commonwealth/court postponements and the latest
hearing date having been moved to Aug 25th. Trial reset for Dec 16th.
The trial is now set for May 4th
& 5th. The defense did request that it be moved due to 2 witnesses. The defense did not request a trial
date that far ahead. We have May because the other months, we were told today, were all booked up (unless we were willing
to cut the trial short and accept a trial of a single day). When
I posted last week I did not have or know additional details but wanted to get out the fact that there was a postponement.
Meanwhile, the Commonwealth is trying to get as much evidence
suppressed as possible. They, of course, are sharing information with Athy and probably Danoff either directly or through
Athy for information about our witnesses.
Thank you for your continued support & prayers!
Wanda
www.themcgearylegal fund.com
www.mypromisetostella.com
Permission to cross post in its entirety only.
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This is a copy of the e-mail that was posted to different groups
on Friday, December 12th, 2008.
Hi All,
Just wanted to update everyone that is following Alla McGeary's upcoming trial. The trial
was supposed to start this Tuesday, December 16th but has been postponed. We do not have a rescheduled date as
yet but it will not take place this year since the year is almost over. We should know when the new date is sometime next
week and I will post it at that time.
Thanks for all your support and prayers!
Wanda
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TRIAL DATE - DECEMBER 16, 2008
The trial was to begin this Tuesday but has been postponed. A new
trial date will be set for sometime early next year.
Please check back frequently for updates.
Thanks for all your support & prayers!
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Well it's time for an update again. The last update was done when the
trial date was set for Sept 11, 2008. Afterwards Alla's attorney filed a Motion to Suppress. This was filed to suppress everything
taken under the search warrant since there were problematic statements made in the affidavit and in large part was based on
the attorney/client files that they could not prove were protected from search (other than by their sworn statement) and therefore
the defense felt all material was tainted.
The hearing for the motion was set for July 18th. Glenn Williamson was
no longer handling the prosecution as he had handed it to one of his assistants and only a small portion was heard by the
judge before the Commonwealth and the Court rescheduled it for August 1st. A few days before August 1st, the Commonwealth
postponed the hearing. Around August 5th, the Commonwealth rescheduled the hearing for Aug 25th.
The week of Aug. 11th, Alla's attorney met with the judge and the Commonwealth's
Assistant DA and had the trial rescheduled as there was not enough time for preparation since the Commonwealth kept postponing.
As requested by the defense, the new jury trial date is set for Dec 16th with extra day(s) available, if needed.
The hearing on August 25th lasted for a couple of hours. In large part
because the Court had to decide how to handle a potentially sticky situation involving attorney/client confidentiality. There
were two other items brought up in the motion.
The judge did make the comment in one of the previous hearings that he
wanted the jury to make a determination on one subject that was brought up in the motion. He denied the motion to suppress
everything to do with the case (which would have meant no trial as there would not have been a case) but did rule that no
correspondence between attorney and client could be used. The court was presented, by the defense, with the e-mails in those
files and the court sealed that evidence.
This is all public record.
Permission to Cross-Post in its Entirety Only
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As you know, Alla’s
pre-trial hearing was yesterday morning. The following is a summary of what took
place:
-
The DA dropped the charge that said that she was in violation of
Virginia Code Section
18.2-97
§ 18.2-97. Larceny of certain animals and poultry.
Any person who shall be guilty
of the larceny of a dog, horse, pony, mule, cow, steer, bull or calf shall be guilty of a Class 5 felony; and any person
who shall be guilty of the larceny of any poultry of the value of $5 dollars or more, but of the value of less than $200, or of a sheep,
lamb, swine, or goat, of the value of less than $200, shall be guilty of a Class 6 felony.
- The charge based on Section
18.2-117 still stands.
§ 18.2-117. Failure of bailee to return animal, aircraft, vehicle
or boat.
If any person comes into the
possession as bailee of any animal, aircraft, vehicle, boat or vessel, and fail to return the same to the bailor, in accordance
with the bailment agreement, he shall be deemed guilty of larceny thereof and receive the same punishment, according to
the value of the thing stolen, prescribed for the punishment of the larceny of goods and chattels. The failure to return to the bailor such
animal, aircraft, vehicle, boat or vessel, within five days from the time the bailee has agreed in writing to return the same shall be prima
facie evidence of larceny by such bailee of such animal, aircraft, vehicle, boat or vessel.
- A trial date (by jury) was set for Sept. 11th, 2008.
-
As for the motion to return Alla’s personal property, the DA seemed
to have forgotten that
it had not been returned.
That’s pretty much the
gist of what happened at the hearing…..and it goes on......
Permission to CrossPost in its Entirety
THANK YOU to everyone for your
continued support
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January 18, 2008
On Thursday January 10th, Alla was indicted on two counts.
Refusal to return and larceny of. Both felonies. Alla's mother had been in the hospital since Dec 17th and was discharged
on the day after the indictment only to be readmitted on Jan. 13th. The
arraignment was on the morning of Jan. 15th and her mother was released from the hospital that afternoon. It has been
hectic getting her mother set up with home nursing, etc. so the information has been slow in coming in.
Of course
if Alla had allowed us to come to the arraignment like we all wanted and were making plans to, the information would have
come in so much faster. Since the time between the indictment and the arraignment was so close it was difficult for all of
us who immediately volunteered to try to take time off, so she asked that we did not come this time.
What will
be occurring now is the prosecutor has to provide the defense whatever they have to base the charges on. The
defense will be making different 'motions'. The pre-trial is set for April 2nd at 9 am. The trial date will
be set at that time. Alla is and always has been very firm on a jury trial. Alla has never believed that the prosecutor
would do anything but indict eventually. Alla has no way of returning Stella and all the prosecutor and his investigator were
interested in was giving Stella back to DAR&E. Per the prosecutor, the adoption to Kim Danoff was supposed to be
reversed; Athy was supposed to promise that Kim Danoff would not get Stella, etc.
Then to make things REALLY
weird, again, Alla received an e-mail with a letter attached from Kim Danoff the morning of the 15th. (Remember the box
addressed to Stella that Alla received the day of the meeting in Sept. with the prosecutor and DAR&E?) She
was asking Alla to return Stella to her. The letter was immediately forwarded to Alla's attorneys who found it quite strange
but interesting.
The fact that Alla does not have any knowledge of Stella's whereabouts doesn't seem to sink
with anyone. But be that as it may, obviously someone forgot to tell Kim Danoff that for Stella's return, her adoption had
to be reversed and that Athy was to promise that Stella would not be returned to Kim Danoff? Gee, was that all a feint?
Permission
to cross post in its entirety.
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