OCILLA, GA (WALB) - There have been new legal filings as the suspect in the death of Tara Grinstead is set for trial in less than three months.
Both the state and the defense have continued pushing their efforts ahead of jury selection in the Ryan Duke case.
On Friday, WALB received a copy of a motion to quash a subpoena.
The state filed the motion in reference to a subpoena filed by Duke’s defense team back in December, asking for the Georgia Bureau of Investigation to turn over its entire case file.
Duke is charged with malice and felony murder, aggravated assault and more in the death of Tara Grinstead back in 2005.
According to the subpoena, the GBI would have had to bring the case file to Irwin County Court this past Wednesday, January 9.
But, on Thursday, January 10, District Attorney Paul Bowden filed a motion to quash that subpoena.
In the motion, the D.A. writes that the subpoena is “overly broad,” which makes it unreasonable and oppressive.
Bowden writes that because the defense team prepared their own subpoena, instead of getting a subpoena from the Clerk of Court’s Office, the D.A. argues it is not a valid subpoena.
The D.A. also argued that the state has the authority to keep a defendant from using a subpoena as an instrument of general discovery against a third party.
Duke’s defense team, Ashleigh and John Merchant, said on Friday that they have already gotten a copy of the case file from the GBI, saying the agency was happy to comply with their “lawfully issued” subpoena.
Ryan Duke’s trial in the Grinstead case is still set to be held in Irwin County on April 1.