Motion for Continuance in Trial of Stephan Sterns in Killing of 13-Year-old Stepdaughter
The defense in the Madeline Soto murder case has been granted a delay in the start of the trial until the middle of October and a leading legal expert, Orlando criminal defense attorney Jose Rivas, says that the high-profile Madeline Soto murder case is likely to be delayed even further, possibly into next year because of the scope of the investigation.
“Investigations in these types of cases involve interviewing hundreds of people,” Rivas told Telemundo. “And that takes time.” In this instance, the defense noted that while the Madeline Soto murder trial was initially scheduled for July 16th, they could not take a deposition for a certain individual until September. So the judge set a status hearing for October 14th.
This request for a delay is a common pretrial motion in complex criminal cases, especially those involving serious charges such as murder in the Madeline Soto murder case. The purpose of such a motion is typically to allow the defense more time to review evidence, interview witnesses, or pursue other avenues of investigation that may be crucial to their client’s case.
In response to this motion, the judge granted the delay of Stephan Sterns’ trial for both the Madeline Soto murder and sex-related charges. This decision indicates that the court found merit in the defense’s argument for needing more preparation time, which is not unusual in high-profile cases with potentially voluminous evidence.
Public defender Beth Bourdon emphasized that the request was made in good faith and was not intended to cause unnecessary delays. “There is quite a bit of work still to do,” Bourdon said, noting there are more than 170 witnesses to be interviewed. The prosecution, recognizing the complexity and volume of evidence involved in the case, did not object.
Defense attorney Rivas explained that all defendants have the right to interview and confront the people who are witnesses against him. It’s important because there may be inconsistencies between the testimony given at trial and what was said in a sworn deposition. This can be used to attack the testimony and credibility of a prosecution witness.
Pretrial Motions
Pretrial motions are a standard part of the criminal justice process, allowing both, the defense and prosecution to address legal and procedural issues before the trial begins. These motions can significantly impact the course of the trial, including its timeline and the evidence that may be presented. The granting of these motions, particularly the continuance, suggests that the court is, prioritizing a fair trial process, ensuring that the defense has adequate time to prepare its case.
Waiver of Speedy Trial
A critical component of the defense’s strategy in the Madeline Soto murder case was the waiver of Sterns’ constitutional right to a speedy trial. This legal maneuver was designed to provide the defense team with, the time required to build a robust criminal defense case. By waiving this right, Public Defender Bourdon and her colleagues gained the opportunity to conduct thorough depositions, gather additional evidence, and meticulously analyze the prosecution’s extensive discovery materials.
Waivers of Appearances
Another notable pretrial motion involved waivers of appearances for some hearings. These waivers allow the defendant to be absent from certain court proceedings, which can be filed for various reasons, including security concerns or to minimize media exposure.
In the Madeline Soto murder case, Sterns repeatedly failed to appear in court. He has missed several hearings, including his initial appearance following the murder charge, a pretrial hearing for 60 child sex crime charges, his murder arraignment, and a July hearing where his defense team requested a trial delay. If you’ve been charged with a crime, call 407-644-2466 to speak with an Orlando Criminal Defense Attorney at the Rivas Law Firm.