On April 23, 2014, the Honorable J. Michael Wachs of the Circuit Court for Anne Arundel County, Maryland denied the motion by Det. Joseph Walker’s defense attorneys to dismiss the indictment for alleged prosecutorial misconduct.
After hearing arguments from the state and defense, and conducting an extensive hearing, Judge Wachs found that the state’s presentation to the Grand Jury was misleading but did not rise to the level of being false or perjurious, and therefore, he denied the motion to dismiss the indictment on the basis that it was obtained by prosecutorial misconduct.”
Judge Wachs, based on his review of existing case law, and the submissions by the defense and State, denied the defense’s motion to admit polygraph evidence, because he found that there is a lack of consensus, generally, in the scientific community, and specifically, in the polygraph community itself, about the validity of the results of a polygraph and further, permitting such results into evidence may undermine the roles of the Court and Jury as fact-finders.
Finally, at the insistence of the state, and over the defense’s opposition, Judge Wachs imposed what is commonly called a “gag order” whereby the State, Det. Walker and his defense team are forbidden from any discussion, comment or disclosures related to the evidence or testimony in the case with the media or making any public statements in that regard, prior to trial without the Court’s consent, even if it is information that is a public record or occurred in open court.
Judge Wachs has scheduled jury selection for July 18, 2014, with the trial to commence on July 21, 2014.
Judge Wachs gave permission for the above information to be posted on the NPDF and the Det. Walker Defense Fund websites.