Defense says mailed discovery shows different postmark; court allows reconsideration filing and excuses officer

During the Feb. 23 Lake Forest Park infraction calendar, defense counsel Mike Sheehan raised a postmark discrepancy in the Jeffrey Kenyon matter, telling the court he had just received discovery in the mail and that the envelope was postmarked Dec. 3 rather than Dec. 2, as the city's certificate of mailing indicated.

Sheehan told the court he would submit the envelope and a short motion for reconsideration to show the earlier ruling on discovery might merit review. The prosecutor noted the court's docket reflected the city's response to the discovery request dated Dec. 2 and received Dec. 22; the prosecutor did not press an immediate objection to the defense filing but did not concede the postmark claim.

Sheehan said the officer subpoenaed for the matter had appeared and the defense would waive any future need to subpoena that officer, stating, "He's already, sacrificed enough to be here." The officer confirmed release from future subpoenas and was excused.

The court allowed the defense to file the motion and set the matter for further action on May 4. Sheehan said he would send the materials to the court and city and provide a short timeline of events. The court instructed counsel to submit exhibits and to clarify the mailing timeline in the motion for reconsideration.

Next steps: the defense must file the reconsideration motion and submit the envelope as an exhibit; the court will review the filed materials ahead of the May 4 continuance.