It’s interesting, isn’t it? I think at this point they are throwing anything at the wall to see if it sticks. Like stating LK’s communication with JK may potentially be client/attorney privilege… yea, keyword, potentially. I could potentially become an astronaut and fly to the moon next year. Odd are not good, however.
I still crack up at exhibit A in the first motion to quash. “Hey, call me” the day before deadline for KK to hand over material as proof that Nagel/associates have tried extensively to contact CD/ED over the subpoena(s) is just laughable.
What is telling to me is how much JK and KK do not want to comply and hand over requested discovery. Ascertaining that discovery is harassment is a really a stretch IMO as well, especially since it’s relevant material. I also think it’s a stretch to say that just because LK’s phone was confiscated by police after the shooting and material turned over to prosecution, ED/CD should not subpoena the same material. LK could have easily sent relevant information to JK and deleted the information prior to the phone ever being confiscated.