![]() ![]() Based on the government's representation to defense counsel that no information except that previously provided to Mr. Bailey moved the Court for an order requiring the government to disclose any recordings or other information that was presented to the United States Magistrate Judge Bruce Guyton, in support of the search warrant issued on September 26, 2006. Motion for Disclosure of Rule 41 Information in Support of Search Warrant This motion was resolved by agreement of the parties as averred in Joint Notice Regarding Pending Motions, accordingly is DENIED as moot.Ģ. Bailey's request for a statement of Claiborne County Sheriff's Deputy Josh Russell's written statement. This matter came before the Court upon the following pre-trial motions, all of which have been resolved by previous oral ruling of this Court, or by agreement of the parties, as set forth herein:ġ. § 636(b) for disposition or report and recommendation regarding disposition by the district court as may be appropriate. ![]() If found guilty of first-degree murder, Johnson will be given a mandatory sentence of life in prison.All pre-trial motions in this case have been referred to the undersigned pursuant to 28 U.S.C. Johnson has pleaded not guilty to the charge of first-degree murder and remains in custody at the El Paso County jail on a no-bond hold. However, when Whitelaw asked for additional hours, she was told it would require her to work with Johnson.Īttorneys representing Johnson will return to court next week on Friday, March 24, for a review hearing where they will discuss a subpoena that was filed for a Walgreens representative to appear in court. Several weeks before her death, Whitelaw had requested different hours so she would no longer have to work with Johnson, police said. At Johnson's preliminary hearing in September, Colorado Springs police testified that Whitelaw told friends, family and co-workers that Johnson had a romantic interest in her that made her feel uncomfortable.ĭetectives at the hearing testified that Whitelaw had made complaints to her manager at Walgreens about Johnson more than a year before her death, saying he was making "advances towards her" that made Whitelaw uncomfortable. Johnson, 28, allegedly killed Whitelaw in the breakroom of the store at 6820 Centennial Blvd., in June 2022. Gioia and O'Reily stated they did not believe this would impact the start of Johnson's trial, and both indicated they are still ready to proceed with Johnson's May 8 trial date. Gioia stated he was confident that analysis from the CBI would be ready prior to trial, but potentially only shortly before. Gioia told the court that the prosecution submitted finger nail and buccal swabs to the Colorado Bureau of Investigation for analysis in January, and that results are still pending. Prosecuting attorney Anthony Gioia also raised a second DNA-related issue with the court, informing Bentley that they are still waiting on some DNA evidence to be analyzed at a federal lab. O'Reily did not comment on the nature of the DNA evidence. Defense attorney Deana O'Reily said the motion was withdrawn because she understood the prosecution didn't intend to enter testimony about the DNA evidence they had wished to suppress. ![]()
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