DALLAS (CBSDFW.COM) – With three weeks until the scheduled start of the Intoxication Manslaughter trial for former Dallas Cowboy Josh Brent, his lawyers are claiming employees in the Dallas County District Clerk’s office are unfairly and purposefully delaying their preparation for trial.
Monday afternoon, Brent’s attorney, George Milner, filed a motion claiming that a subpoena application was not issued in a timely manner.
Milner claims subpoenas for both the prosecution and defense were submitted to the clerk’s office on the same day, and while the prosecution subpoena was issued, the defense subpoena was not.
Milner says the defense subpeona was filed on October 25, at 8:45 a.m., earlier than the prosecution’s, and that the clerk asked who was the defendant was in the case when the paperwork was submitted.
When the subpoena had not been issued by the morning of Monday, October 28, the same lawyer returned to the clerk’s office to ask about the delay.
According to the motion, a supervisor overheard the inquiry, stated that the office has three days to issue the subpoena and specifically ordered the deputy clerk not to do it.
“There is no reason any member of the District Clerk’s Office should create any impediment to Mr. Brent’s preparation for trial. Such conduct is petty, childish and unnecessary,” said Milner in the motion.
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Brent is accused of speeding and driving while intoxicated on December 8, 2012, when he flipped his 2007 Mercedes Benz with teammate Jerry Brown in the passenger seat. Brown died at the scene. The arrest report showed Brent’s blood-alcohol level 0.189 — more than twice the legal limit. He’s been charged with Intoxication Manslaughter and is scheduled to go to trial on November 18.
Following the accident, Brent was placed on the Dallas Cowboys inactive list until he retired from the NFL in July to focus on his legal troubles.
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