Opinion
09-cr-18-bbc.
October 7, 2009
ORDER
Defendant Vincent Lowe has filed a motion for clarification of the order filed on October 6, 2009, granting him an additional month to investigate a possible claim of misconduct by a Madison police officer and setting a new hearing on November 3, 2009. I added that if defendant did not have evidence by that time, the case would proceed to a prompt sentencing. Defendant objects to the order, arguing that his understanding was that at the November 3 hearing, he would have an opportunity to comment on the police investigation and I could consider whether it would be necessary to undertake an in camera review of the evidence.
Defendant is correct. I should have noted that at the November 3 hearing, I would hear from defendant's counsel about what he has learned from the investigation and whether he has any grounds for looking into the matter further before I proceed to sentencing. To that extent the order is amended.