56th Circuit Commonwealth’s Attorney G.L. Ovey had filed a motion to that effect and said this was the first time in his 25-year career that he has filed a subpoena motion for a public official, as the sheriff had not given him any information. The specific name for this type of subpoena is “subpoena duces tecum” (or subpoena for production of evidence).
“This is nothing personal between my office, myself or the Sheriff, and I didn’t take the filing of this lightly,” Ovey said. “In my years as a Commonwealth Attorney, this is the first time I’ve ever had to do this. But I came to the conclusion I had to in order to properly discharge the responsibilities of my office.”
Burnam was in court and expressed concerns about turning that evidence over to Ovey before the Court sees it. He said some of that evidence “may implicate him (Ovey) in some way,” although he clarified that it wouldn’t implicate Ovey in the actual murder.
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