‘‘Simply stated, with each day that passes, the government’s right to a fair trial is further jeopardized,’’ they wrote in court filings.
Browne said the prosecutors neglected to mention one thing about the two witnesses who were killed: They were on a list of insurgents, and were actually killed by U.S. forces.
Scanlan said setting a trial this year is unrealistic, given how much time the defense team needs to review more than 30,000 pages of discovery materials, and find and interview witnesses — not to mention getting their own client to open up. The defense has suggested a May 2014 trial date.
‘‘Without adequate time to develop the relationship of trust required for effective representation in a capital case, counsel may never learn or be able to present the most crucial facts about the accused, facts without which any possible understanding of his actions is impossible,’’ she wrote.
The judge did not set a trial date, but did indicate that June was too soon.
Johnson can be reached at https://twitter.com/GeneAPseattle