Kathy E <[EMAIL PROTECTED]> writes: The first day in the latest string of pretrial hearings for David Graham found prosecutors attempting to subpoena between 2,000 and 3,000 pages of letters that Graham wrote to his former fiancee Diane Zamora -- and Zamora's attorneys refusing on the basis of attorney-client privilege. These letters were not offered or admitted as evidence at Zamora's trial. Only excerpts of these letters were read in court. Among other things, in these letters (some of which were written after the couple's arrest), Graham reportedly tells Zamora to trust only him and not tell prosecutors, or her attorneys anything about Adrianne Jones' murder. Prosecutors would like to use these letters as damaging evidence against Graham during his trial in July. However, Zamora's lawyers claimed they would not have the letters at all if Zamora had not turned them over in the context of an attorney-client relationship. Zamora's lawyers also argued the letters contain markings from their defense that may unveil future legal strategy for Zamora. Prosecutors countered these arguments by saying that any attorney-client privilege was waived when the Zamora's defense showed them to a third party, a psychiatrist who testified on Zamora's behalf. In addition, the state said, the letters would be subject to subpoena if they were in Zamora's possession, and that her turning them over to her attorneys does not put them in the sacred world of attorney-client privilege. The main argument focused whether the state can subpoena the documents, not on whether they are admissible at Graham's trial. In addition, this battle was between Zamora's trial team (John Linebarger and Don Gandy, represented by new addition Mark Daniels) and the prosecution, but did not involve Zamora's new appellate attorney, Bob Ford. Ford had no comment on the letters. Neither David Graham nor his attorneys were present at the hearing on the letters. Judge Don Leonard did not make a ruling on the letters but ordered Linebarger to turn the papers over to him by noon on Wednesday so he can examine them. During Tuesday's hearings, prosecutors and Graham's defense team are expected to address the admissibility of Graham's confession at his trial. Graham's defense claims investigators obtained Graham's confession illegally and refused to let him speak to a lawyer. David Graham could take the stand and tell the court how his confession was obtained at this hearing. -- Kathy E "I can only please one person a day, today is NOT your day, and tomorrow isn't looking too good for you either" http://members.delphi.com/kathylaw/ Law & Issues Mailing List http://pw1.netcom.com/~kathye/rodeo.html - Cowboy Histories http://www.geocities.com/CapitolHill/Lobby/2990/law.htm Crime photo's Subscribe/Unsubscribe, email: [EMAIL PROTECTED] In the body of the message enter: subscribe/unsubscribe law-issues
