Florida Atlantic University's first student-run news source.

UNIVERSITY PRESS

Florida Atlantic University's first student-run news source.

UNIVERSITY PRESS

Florida Atlantic University's first student-run news source.

UNIVERSITY PRESS

A “juvenile” disagreement between the defense and state attorney in former FAU officer Jimmy Ho’s case

Elizabeth Ramsey, the defense attorney for alleged escort-killer Jimmy Ho, was in court Dec. 12. She was there asking the judge to let the defense re-review evidence in the former FAU officer’s case — without the state prosecutors looking over her back.

Ho was present in court today for the first time since February 2011.

On Oct. 12, both Ramsey and state attorney Sherri Collins went to the Boynton Beach police station to view evidence, but according to Ramsey, it was an ”impossible” task. She claimed Collins would document and write down every piece of evidence she looked at, didn’t allow her any privacy, and she wasn’t able touch anything.

“It becomes an issue if the defense doesn’t have privacy,” Ramsey told the judge. “I want to be able to go without the lead detective and Mrs. Collins being there.”

According to Collins, Ramsey never asked for privacy. Boynton Beach lead detective Chris Crawford told them prior to reviewing evidence that he didn’t want anyone touching anything.

“If she wanted to have an independent viewing, the State would have let her if she would have asked,” Collins told the judge. “I’m not a mind reader. In my opinion this is juvenile. It wasn’t ridiculous until I got this motion.”

“She says all these things happened, but [she] didn’t say anything. There was nothing going on in the room to make the State think there was a problem,” said Collins.

She also told Judge Jeffrey Colbath that Ramsey waited until Nov. 10 — a month after the viewing — to file for a motion hearing.

“I didn’t think it was effective to argue…I think it’s appropriate to [discuss] it in court,” said Ramsey.

According to the judge, the state doesn’t have to, and shouldn’t have to document the evidence the defense wants to view.

“You’re being a little intrusive in the process,” Colbath said.

After both sides made their claims, Judge Colbath denied the motion, calling it “juvenile.”

“Sounds like you guys are having a hard time getting along,” he said.

Instead of allowing an independent evidence viewing, Colbath is allowing both the defense and the state to re-review evidence. That still allows Collins to be present in the room. Ramsey will be allowed copies of evidence — with privacy — to consult her defense team when asked.

“All the State is asking for is communication,” added Collins.

The next court date is set for Feb. 29, 2012. The status check will see if both attorneys completed the discovery, which is a process where evidence and testimonies are collected for trial.

Ho was arrested on murder charges in February after allegedly shooting Sheri Carter twice, leaving her paralyzed below the waist. She later died at Delray Medical Center.

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