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Judge denies continuance request, sets motions hearing for Feb. 3 and requires defendant present
Summary
In the matter involving Tamar McIntyre, the court declined to grant a continuance to the defendant’s counsel and scheduled pretrial motions for Feb. 3; jury selection remains set for Feb. 7 and opening statements for Feb. 10, and the defendant will be brought over for motions.
Defense counsel for the defendant identified as Tamar McIntyre filed a motion for continuance citing recently produced discovery, including expanded phone-dump material and an incomplete expert ballistics opinion. The court declined to grant a continuance and set the parties for pretrial motions on Feb. 3, requiring the defendant to be present for that hearing.
Defense counsel told the court that additional discovery had been produced since the last setting and that an expert’s opinion on ballistics remained incomplete, arguing the new material made it impossible to prepare by the existing schedule. “There is far too much new material for us to be able to review… I cannot effectively represent my client if I haven't reviewed all of the discovery,” counsel said.
The judge noted jury selection was scheduled to begin Feb. 7 and opening statements for Feb. 10 and emphasized the county had ordered jurors for those dates; the judge instructed that motions scheduled for Feb. 3 would be heard as planned and that the defendant, Mr. McIntyre, would be brought over for motions.
The court also explained the logistical constraints on moving jurors and said the motions calendar would proceed. Counsel asked whether the court could hear the motion earlier if the defendant were brought over, but the judge maintained the Feb. 3 date for motions and directed the defense to produce the defendant for that hearing.
