The man accused of killing Anna Marie Scott in 2022 appeared in federal court on Tuesday for a calendar call hearing.
As we've been following, Delshay Astor was indicted on one count of second-degree murder, to which he pleaded not guilty.
Motion to dismiss case
The defense team filed a motion this week to dismiss the case, saying that since both Astor and Scott are members of the Reno-Sparks Indian Colony, and the crime occurred on colony land, Astor can't be prosecuted in federal court under United States federal law.
The government has until next Monday, July 20, to respond. The defense will have until the 24th to respond to that response.
Protective order for discovered evidence
Federal prosecutors filed a protective order for personal information on Monday. Under the order, any evidence, including personal information such as dates of birth and Social Security numbers, could not be presented to Astor or any witness without someone else present. Tuesday's discussion focused on whether people's names should fall under that.
Astor's attorney argued that if names are included in the order, it would be logistically "cumbersome" to the defense's investigation.
In its filing, prosecutors, on the other hand, claim the suspect having unrestricted access to this information would be a privacy risk.
When the judge asked the prosecutor at Tuesday's hearing if the names could be excluded from the protective order, he paused, then said the government could concede that without concern.
Ultimately, the judge did not make a decision on the protective order, saying the two sides need to discuss it further.
Delay in defense receiving evidence from prosecutors
The defense is still looking for a speedy trial but says they do not have enough time to review the mounds of evidence, and prosecutors put them in a bad position.
Astor’s attorney says the defense team received a hard drive with the first bit of evidence on Tuesday, shortly before the hearing.
Prosecutors argue the defense had the chance to discuss the matter earlier but didn't take it.
The U.S. Attorney's Office says they do not have additional comment at this time since this is an ongoing matter.
In response to not receiving evidence until today, the defense sent us a statement, included below.
Before publicly accusing and arresting an individual, the Government should have sufficient evidence to support its allegations. In Mr. Astor’s case, however, it took weeks for the Government to produce any information, and only today did the Defense receive a portion of the discovery, leaving critical questions unanswered.
This delay undermines the transparency expected in the criminal justice system and places Mr. Astor in an untenable position. Without timely access to the evidence, if any, against him, he may be forced to choose between adequately preparing his defense and exercising his constitutional right to a speedy trial.
Our justice system is founded on fairness, not trial by accusation. We will continue to insist that the Government promptly disclose information so that Mr. Astor and his Defense team have access to continue our investigation into the allegation and ensure a fair process guaranteed by the Constitution.
As of now, the trial for this case remains set for August 4th.
