Firearms Owners Against Crime

Institute for Legal, Legislative and Educational Action

Florida Theater Shooting - Nocco fights deposition in theater shooting case :: 08/09/2014

WESLEY CHAPEL — The Pasco County Sheriff's Office is fighting an effort by Curtis Reeves Jr.'s attorney to take a deposition from one of its high-ranking officers.

An attorney for Sheriff Chris Nocco filed a motion for a protective order this week, saying Col. Jeff Harrington has no first-hand knowledge of the case and would not be able to provide relevant information about the investigation into the Jan. 13 fatal shooting at a Wesley Chapel movie theater.

Reeves, 71, a retired Tampa police captain, faces a charge of second-degree murder in the death of Land O' Lakes resident Chad Oulson, 43, who was shot in the chest during an argument with Reeves that began over Oulson texting during previews before a movie.

Richard Escobar, the attorney for Reeves, wants to take a deposition from Harrington on Aug. 15. Escobar said Friday he also expects to depose Nocco at some point.

Nocco's attorney, Lindsay Faroni Moore, argues in the motion that the state attorney's office did not list Harrington as a witness in the case and does not intend to call him at trial.
Escobar disputed that and provided a copy of a state attorney's witness list that included Harrington.

Moore also cited case law in which courts have held that heads of government agencies can't be compelled to give depositions unless it's established the testimony is "necessary, relevant and unavailable from other sources."

http://suncoastnews.com/su/list/news-pasco/nocco-fights-deposition-in-theater-shooting-case-20140808/

Firearms Owners Against Crime ILLEA © 2024

P.O. Box 308 Morgan, PA 15064

web application / database development by davidcdalton.com