UPDATE- The hearing was cancelled and will be pushed into 2009.
The Collin County DA subpoenaed a defense attorney to testify and produce evidence against his client before the grand jury. The attorney Keith Gore challenged that subpoena with a motion to quash. There was a hearing set on the motion for March 4th of 2008.
Before the hearing the State issued a search warrant for Mr. Gore’s office. The police raided Mr. Gore’s office on February 29th, 2008 seizing documents and other items.
Mr. Gore filed a motion to recuse the DA’s office from prosecuting the case. After all, the District Attorney/Police had access to Mr. Gore’s work product, defense file etc. Allowing the DA to now prosecute Mr. Gore’s client should be unconstitutional, even in Texas. Did I mention the State is trying to kill Mr. Gore’s client?
The State, wanton hubris in tact, filed this motion to have Mr. Gore removed from the case. The State claims that they had to raid Mr. Gore’s office because allegedly (according to the DA) Mr. Gore stated he wouldn’t testify or produce evidence against his client!!!
This is a hollow justification. That issue was set for a hearing on March 4th. Instead, the Collin County DA’s office chose to forgo the adversarial process with the search warrant. After all, why waste time arguing the law in court when you can just send the police into a defense lawyer’s office?
These motions are set for hearing on October 10th at 9AM at the 416th District Court in Collin County. I encourage you to come and support Mr. Gore, attorney/client privilege, and the Bill of Rights.