Yesterday, as we’ve reported, Phil Mocek and his attorney were ready for trial, but the prosecution asked for a delay to allow them more time to review the video evidence of the events at the TSA checkpoint — despite defense counsel’s statement to the judge that the prosecution had already been aware of this evidence. and that it only depicts facts that should have been known to the prosecution.
The trial was originally expected to take two to three days. Judge Kevin Fitzwater continued the start of the trial until Thursday, but also said that he is doing military reserve duty next week and the following week. So a trial that started this Thursday would have had to go to the jury by the end of the day Friday, or be interrupted for two weeks in mid-trial, with unpredictable effects on jurors’ memories of testimony. It’s also possible that whatever issues the prosecution has with the defense video evidence will lengthen the time the prosecution will take to present their case or question defense witnesses.
Not surprisingly in light of all this, we’ve been told by Mr. Mocek that the trial is being postponed to a date to be determined later (probably in January or February), and there will be no further court hearing or appearance by Mr. Mocek on Thursday or any other day this week.