. The purpose of the hearing was for federal prosecutors to prove that their case is not built on or derived from statements that Zahn and Wannemacher gave to city attorneys in January 2020. The statements, which were part of an investigation into whether Zahn could be fired as CEO with “cause,” are covered by what’s called Garrity protections.
In the motion, attorneys write that over the next two months, they will be preparing additional briefings for the judge related to the Kastigar hearing. They also state that other motions, such as one by Zahn’s attorneys, have still not been settled, and partially rely on what the judge finds following the Kastigar hearing.
The attorneys also said that they have spent a lot of time in recent months preparing for the Kastigar hearing, and while some of that preparation overlapped with trial preparation, much of it did not. Attorneys said the heart of the preparation for the hearing was the source of the evidence, not the substance of the evidence.
The motion also gives the voluminous evidence in the case as another reason for the requested delay, including some new documents received in just the last few months that does not overlap with evidence previously produced. Attorneys had previously suggested they would be asking for this delay during a status conference held last week, in the midst of the Kastigar hearing. It will be up to a judge to determine whether or not to grant the request to delay the trial.
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