Saturday, March 02, 2013
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Motion for jury to visit Raymond Gee home to be decided

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[March 02, 2013]  Friday morning, Judge Scott D. Drazewski presided over a motion hearing for Christopher Harris.

Among the motions made since the last appearance of Harris before the judge was a request by the defense for jurors to be taken to the Raymond Gee family home during the murder trial. That motion and others were not ruled upon on Friday. The matter was held over to another hearing that will take place on April 5.

Drazewski began the hearing by saying that a number of motions had been filed and not all of them would be heard on Friday.

Assistant Attorney General Michael Atterberry reviewed the motions that had been submitted by the prosecution.

One motion was to exclude "certain portions of the defendant statement." It was stated that the defense had no objection to the motion, and it was therefore going to be allowed.

The second motion for the prosecution was for the admitting into evidence Harris' use of marijuana and cocaine near the time of the murders. It was stated that the attorneys for the defense also had no objection to this motion; therefore, it would be granted.

In a motion regarding the testimony of attorney Patrick Timoney, the decision was not brought down on Friday. It was stated that the attorneys had agreed to narrow the motion down to specific testimony. This motion was held over to be discussed again on April 5.

Timoney was the original public defender representing Harris in October of 2009. However, he spent very little time with Harris. At the Oct. 28 hearing before Judge Thomas Harris, Timoney filed with the court that Christopher by a statement of assets and liabilities was "indigent." He then requested that that Capital Litigation Trial lawyers, James E. Elmore and Mathew Maurer, be added to the list of defense attorneys for Harris. Over time all three of these attorneys were separated from the case, with Dan Fultz and Peter Naylor being the most recent to take over.

Another motion filed by the prosecution was an order to preclude certain evidence or arguments regarding Dillen Constant's character. Defense attorneys Fultz and Naylor were given until March 13 to file notices of specific items they wished to address. The state was then given until March 27 to respond to that request. The final hearing on this matter will also take place on April 5.

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On the defense side, a motion had been made to exclude a witness from the list. That will be heard on April 5.

Another motion filed by the defense was to exclude information pertaining to Christopher Harris' dissolution of marriage. Harris was married to Nicole Gee. They were divorced in March of 2007. Drazewski said the motion would be approved with the exception that if the divorce comes up through testimony, then the door will be open on the subject and subject to examination by both sides.

In the matter of taking the jury to the Gee home, Drazewski set a series of dates for the attorneys to comply with in deciding the matter. Video evidence of the scene is to be submitted to Drazewski by March 8. On March 11 there will be a conference call between the judge and attorneys. And again, the final decision will be made at the April 5 hearing.

In other matters, Jason Harris was scheduled for a status hearing, but that was postponed, with no new date scheduled.

The date set for the first visit to the Peoria County Courthouse is April 19. It had been previously stated that Harris would not need to be present. However, there are going to be matters to discuss involving the case, and Harris is entitled to be present for those. Drazewski asked State's Attorney Jonathan Wright to make the arrangements for Harris' transport from Logan County to Peoria County on that date.

The next public hearing scheduled for Harris, as stated, will be April 5 beginning at 1:30 p.m.


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