Formal indictments aren’t issued until the grand jury has met at the start of the September term, but the lawyers are busy long before then. A number of motions: (1) motion for discovery, which is granted; (2) motion to suppress, which is held in abeyance; (3) motion to hire an investigator, also granted, but payment limited to $500; (4) motion to produce records from the State Hospital, granted. In that regard, Robert Fisher, on behalf of David, files a request for a psychological exam. This is granted, but with a similar limitation on the amount to be paid — $500. On Aug. 10, Loughlin approves his transfer to the State Hospital. At some point, on behalf of Walter Woodman, Koromilas filed a motion for a joint trial, asking that both cases be heard together. This request was denied, the decision signed by Judge John King.

On behalf of the state, Henry Spaloss filed a motion to have Theresa Buckley designated as a material witness and to have her post a bond for her appearance at any subsequent hearings or trial. A second motion seeks to have her be granted immunity for any testimony that she might provide. (There is a similar motion regarding immunity filed by Krans from the Catalfo office.)

All of this pretrial activity is far different from what we have seen in previous articles on the cases from the early decades of the 1900s. Back then, you might find a motion for the appointment of counsel, occasionally a request for a mental exam. For the most part, however, the court files are very thin. What has happened over the years are decisions from appellate courts that have greatly increased the rights of criminal defendants: anyone in custody must be given specific warnings before any interrogation takes place; the prosecution must identify all evidence to be offered at trial; witnesses who are likely to be called to testify at trial may be subject to prior depositions; there are more and more examples of forensic evidence that are subject to pretrial scrutiny — fingerprints, shoe or boot patterns, blood residue, DNA samples, and more. In the Dodge case, as we have seen, police collected and sent for analysis numerous items from the crime scene: the victim’s shirt with gunpowder residue, hair samples, blood samples, a button found in the area of the body. Subsequently, when Dodge’s car was located, a variety of items were forwarded for review in the hopes that a fingerprint match could be identified.

A good deal of preparation is required on the part of defense counsel to draft these motions, based on the specific facts of the case and the laws or prior court rulings that apply. Time is required on the prosecution side to research the issues and draft proper responses. The Superior Court clerk’s office is then required to record the various filings, schedule each item for a hearing, notify the parties. All of the paperwork usually ends up landing on the judge’s desk for review and possible rulings, or if anything is contested, to hold a hearing on the merits, with a potential for additional time in drafting a written decision. In the event of a hearing, there will be a transcript, and copies can be provided upon request.

All of the above means more time is needed to arrive at a final result. As we have seen in the earlier articles, a case might be resolved — from arrest to trial or a plea and sentence — within several months, certainly not the long delays we read about in the news today. Over time, the process has changed dramatically.

(to be continued)