Re: What Do I Do when the Court Subpoenas the Officer
Wow. What a mess!
Okay, are you certain, and ABSOLUTELY certain, that the judge said, "send the discovery request AGAIN?"
I would still go to the court and fight the infraction. After all the work that you put into it already, I would see it through. Plus, you have a Protem, so getting him/her to side with you is gonna be easier than the original judge. Explain your situation to him in court and he will already be sympathetic.
The phone would be a bad idea. There's something about arguing over the phone that just doesn't fly with me, but maybe would fly for you.
If it coincides with a mid-term then you need to decide if the midterm is really worth it. You can play the cost/benefit analysis game and decide which you would rather do. In my experience, profs are generally understanding about moving the date of a test, or at least doing a make-up. Just give the prof a heads up and organize an alternative in advance.
As for your original motions, they seem to look pretty good. I would go through with them, but they will no longer be pre-trial motions if the officer shows up.
If the witness (the officer) shows up, you will place yourself into a sticky situation. You need to be able to examine the merits of the case on the fly and be able to argue with it. A prosecutor will show up to examine the witness, so it's going to be a little bit harder. Just remember that the prosecutor can't make assumptions and can only act as a prosecutor, not a witness. If the protem starts to act as the prosecutor, then you can have some fun with the case.
If the case does go forward, then here's how I would, and a lot of attorneys would advise, to do it: Sit there and let the pros. examine the witness and then let them rest. Letting them rest is very important. Actually, make it look like you have no idea what you're doing beyond IRLJ 3.1. After the pros case has been made, go into motions. Things will have changed since the officer's statement, but there are a few things that you know need to be established in order to set foundation. Use that to your advantage. It's moving radar, so the prosecutor is bound to miss something.
If you want, send me a PM and we can chat on the phone or through e-mail. However, as for now, lunchtime is over.
"A jury consists of twelve persons chosen to decide who has the better lawyer." ~Robert Frost