After filing the State’s Response, Avalon’s office filed a motion to subpoena Jeremy Scott’s medical records, and motions to transport Scott “for the purpose of an investigation.” This “investigation” would be a discussion between Avalon and Scott without Leo’s defense team being present.
In various motions debating the State’s ability to hold a private investigation of Jeremy Scott, it was revealed that Avalon’s office “inadvertently had transport orders signed by a different judge not assigned to the case to transport [Jeremy Scott] to the county jail for a ‘confidential investigation.’”
Avalon argues that because the orders were signed by the other judge before Leo filed a Motion to Strike, “the Defendant’s Motion to Strike therefore is moot.”
In the same response, Avalon further suggests that “a death qualified judge should hear this matter given that it originally was a death case, and the death penalty is a possibility on retrial.” She further suggests that the case “will be very litigious” and expresses concerns that the case will create “an undue burden upon a busy general felony trial division,” and motions that the case be transferred to “the specialized division set aside for capital homicides.”
