Yesterday evening we received word that things are heating up against in USA v O’Dwyer and sure enough a check of the docket revealed a couple of motions filed by Team O’Dwyer. I’ll circle back to those but first there was something else on PACER that seemed a bit odd so we must get some background courtesy of Nowdy:
Entry below made on 18th but when you click on docket number screen comes up with “You do not have permission to view this document.”
Summons Issued as to Ashton R O’Dwyer, Jr (jtd) (Main Document 54 replaced on 5/18/2010) (jtd). (Main Document 54 replaced on 5/18/2010) (jtd). (Entered: 05/18/2010)
What’s interesting about it is that clearly there appear to be three versions of the summons issued (but no reason given for replacing twice).
Ashton solved the mystery for us on the summons so here is the very short version of what’s up:
The scene: The uptown side of Poydras Street.
The allegation: Calling Judge Africk a “scumbag” in a low voice as they passed on the sidewalk.
The consequents: Detention hearing scheduled for Friday.
This was news I personally hated to hear as I truly believe the criminal justice system is not properly equipped to handle a defendant like AROD. As I’ve said many times on Slabbed I understand the frustration, both from Ashton and Team USA. My fear is “the problem” will be fixed via a jail cell and I do not believe that is any sort of “fix” in this circumstance.
Now the motions from Team O’Dwyer. We have a Motion for Production and Defendant’s Bill of Particulars. As Ashton lost his computer as evidence when he was arrested he is wanting his emails back along with other items. I was struck by the fact these motions were filed by Ashton himself which may mean the federal public defenders have vamoosed which IMHO is a very bad sign.
Our readers no doubt recall that I played the role of shithouse shrink in an earlier post I did on this topic. Subsequent court filings further illuminated the issues I identified. I mention this because page 19 of the Bill of Particulars indicate the FBI shared my earlier diagnosis way back in July 2007.
I am afraid this case is headed no where good for Team O’Dwyer. At this point all we can do is pray something positive emerges from this mess.