Gilchrist requested McKeithans juvenile criminal record, as well as the personnel file of Lt. Billy Wade of the Harnett County Sheriffs Department, one of the lead investigators of the case. Bowen denied the motions. Gilchrist reminded Bowen that a hearing to determine whether Brewingtons statement to investigators would be allowed as evidence is incomplete. Bowen said the hearing would resume at the end of jury selection.
Jury selection resumes today.
In a refinement of a ruling in another case 5 years ago, the court said lawyers who take longer than 90 days to file crucial second-stage appeals must state facts showing when they learned the necessary information and why they could not have discovered it earlier. Both men already have appeals pending before federal judges. Monday's rulings, if followed by the federal courts, would prohibit them from adding issues to those appeals, including a claim that Gallego was mentally incompetent during the penalty phase of his trial. He represented himself in the guilt phase. Nev. But a federal appeals court overturned that death sentence, saying the jury was misled by instructions about the governor's power to make Gallego eligible for parole, and he is awaiting a new Nevada sentencing hearing.