From WRIL The Big One -
At Erica Lawson's most recent court appearance on Monday August 5th her defense counsel once again came before Circuit Judge Keith Nagle for motions to be heard.
Lawson's attorneys entered a motion for a bond reduction hearing stating that the one million dollar hold is oppresive to to Erica and asked the court to consider lowering the amount. Judge Nagle set that hearing for November 9, 2024 at 9:00am back in circuit court.
The other issue filed was a motion to compel Commonwealth Attorney Lisa Fugate to furnish paperwork in regard to a "Third Motion for Specific Discovery seeking disclosure of supplemental police reports and investigative materials from the FBI."
To summarize, Lawson's attorney Gregory Coulson maintains that Ms. Fugate is not fulfilling her "constitiutional and ethical obligations" to dislose the material to the defense. This motion was made under Rule RCr 7.24 - Discovery and inspection, which states:
"Upon written request by the defense, the attorney for the Commonwealth shall disclose the substance, including time, date, and place, of any oral incriminating statement known by the attorney for the Commonwealth to have been made by a defendant to any witness, and to permit the defendant to inspect and copy or photograph any relevant
(a) written or recorded statements or confessions made by the defendant, or copies thereof, that are known by the attorney for the Commonwealth to be in the possession, custody, or control of the Commonwealth, and
(b) results or reports of physical or mental examinations, and of scientific tests or experiments made in connection with the particular case, or copies thereof, that are known by the attorney for the Commonwealth to be in the possession, custody or control of the Commonwealth, and
(c) upon written request by the defense, the attorney for the Commonwealth shall furnish to the defendant a written summary of any expert testimony that the Commonwealth intends to introduce at trial . This summary must identify the witness and describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications."
After the issue was heard in court, Mr. Coulson withdrew the motion. Judge Nagle referred the case against Lawson to mediation.
Her next pretrial conference hearing is scheduled for September 26th at 9:30am in regard to a change of venue motion. The discovery hearing will take place on October 4th.
21-year-old Erica Lawson has been charged with second-degree murder, failure to report child dependency neglect or abuse, first-degree criminal abuse and first-degree wanton endangerment in connection with the death of her 17-month-old daughter Elena Hembree in 2023.