Today (Sept. 18), the Hon. Daniel King, Acting Oswego County Court Judge, issued a scheduling letter permitting the Oswego County District Attorney’s Office to file a full and complete response to the CPL 440.30 motion filed by Gary Thibodeau on or before October 10, 2014.
The court is permitting the People to respond to both the original motion filed by Thibodeau’s attorneys on July 30, 2014, as well as the Supplemental Affirmations filed on August 26, 2014.
On September 17, 2014, Oswego County DA Gregory Oakes wrote the court and explained that the People had never received a scheduling order from the court after the motions were filed.
DA Oakes advised the court that his office had contacted the Oswego County Court Clerk’s Office on at least two occasions in August asking for a scheduling order.
At one point, a clerk advised DA Oakes that the court would address the matter in September.
On August 29, DA Oakes wrote the court asking that the prosecution be allowed to file its response on October 10, 2014.
CPL 440.30, the statute that governs this type of motion, does not provide a specific time frame by which a prosecutor must respond.
In the letter issued today, the court recognized that the DA’s Office provided a reasonable explanation and a proper basis for allowing the motion response to be filed on October 10, 2014.
Today, DA Oakes said, “It appears there was just a misunderstanding. As a matter of fairness, both sides deserve to be heard. I am grateful that the court is giving us a full opportunity to address all of the issues raised in the motion.”