We have a new team Moultrie defense motion to hold yet another Daubert hearing. Our long on the hoof readers will remember we we’ve been here before with the except for you gotta give me all the questions in advance polygraph Daubert hearing two months ago. Our more savvy readers have been chewing on the superseding indictment and not long ago we learned Sean Carothers is planning to sing for his powerful uncle Sam.
The purpose of the hearing? The governemnt has a big list of construction experts lined up to educate the jury on the meaning of cost plus. Team Moultrie wants to parse words instead.
“Services Compensation shall include compensation for all labor, salaries, indirect labor costs and social burdens,3 materials, equipment, temporary facilities, insurance, and general conditions costs directly incurred in or attributable to performance of the Services (but not including general overhead or profit).”
3 – None of these terms, “indirect labor costs and social burdens,” “salaries,” etc., are defined in the Agreement.
Though Moultrie lawyer Tom Freeland says he wants only Sean Carothers excluded as an expert witness he fires a shot across the bow of the other construction experts.
Although not a subject of this Motion, it is questionable whether Mr. Carothers can opine about his interpretation of what the Project Management Agreement means. This same criticism can be leveled at the Government’s other experts, Messrs. William Purdy, Ralph Germany and E. J. Janik. Mr. Moultrie understands that the other Defendants will be moving on this basis, among others.
From the looks of the motion it appears as if the defense argument will be that “social burdens”, a term commonly understood to mean federal and state payroll taxes and assessments also includes giving to Ronnie Musgrove’s campaign. Given the prior publicity regarding our former gov’s sexual proclivities I would think the contract would have included the word “disease” behind the “social” instead of “burden” if they were referring to that.
Mister Bill will prove a far more formidable a witness in any event.
sop
Is “Mr. Bill” AKA William Purdy? Do you know him?
Once upon a time there was a law firm in Jackson by the name of Ott & Purdy that pretty much did nothing but a big bunch of construction work. Bill was the Purdy.
I think I’d want him testifying for me.
sop
Sop, in laymen terms, what does this 2nd Daubert hearing request mean?
I read it, but dont understand.
Is Robert Moultrie afraid of Sean Carthurs testimony?
Affirmative Moultrie is scared of Carothers. Sean Carothers was also the GC of the project so he was next door to TFG while the plant was under construction.
The hearing is a chance for the defense to find out some of what the government is holding.
I don’t see much coming of it.
sop
Thanks sop.
Did the Judge grant his request?
As you can see from all the GA newspapers, the Facility Group has been contracts like this for awhile
Not yet Mr Concerned. We have a new post going up today on this topic for more details.
sop