In a motion filed March 25, Guardian Ad Litem Dennie Leach says if the criminal trial against Parker isn't completed first, the overlap of discovery and possible testimony in the civil trial could jeopardize the criminal case.
Court documents say the criminal trial has a tentative start date of July 1, 2020, and could last as long as 20 days. In his motion, Leach says, "the civil rules of procedure would allow the Commonwealth to gain an unfair advantage at trial with discovery tools that are not at their disposal in a criminal matter." He also says that if Parker is compelled to respond in the civil case, he could then be forced to testify against himself in the criminal trial.
Leach also said if anything from the civil trial is reported by the media, it could taint a jury in the criminal case.
The civil lawsuit was filed in January by the estate of Bailey Holt, her parents, and three other students who were injured in the shooting on January 23, 2018. Defendants include Parker, his mom and step-dad, and thirteen others who were school board members or worked for Marshall County Schools.
In a separate document, the school-related defendants in the case said they took no position on the request for delay, but did object to an implication in Leach's motion that a favorable ruling could prevent any discovery in the civil case.
The other defendants say such a stay, "would result in great prejudice to the responding defendants," since delaying civil discovery could lead to memory lapses of those who would be interviewed. This means information would likely be lost or distorted.
The responding defendants argued that discovery should continue and that Parker could exercise his 5th amendment right against self-incrimination, or the court could stay discovery that was directed to Parker, but allow all other discovery to continue.
A motion hour for the civil case is scheduled for Tuesday.
On the Net:
Motion to Extend Time to Answer Complaint 3-25-19Response to Motion to Extend Time
