Express Staff Writer
May issued an order on Oct. 16 that could hurt Gail High’s defense at
her jury trial for attempted second-degree murder set for Dec. 11.
a court order that will allow the prosecutor to tell the jury that she did
allegedly fired a shot at Colleen Kassner on Dec. 16, 2000. Kassner was
On Oct. 15,
May heard three motions in Blaine County Fifth District Court.
prosecutor J. Scott James filed a motion that would allow a state
psychologist to examine High and a motion to compel discovery.
attorney Doug Nelson filed a motion to prohibit the prosecution from using
evidence highly prejudicial to High.
hearing, Nelson refused to let a state psychologist examine his client.
response, May issued his order that "the court will allow the state
to present the fact of the defendant’s non-cooperation to the
ordered that "the court will consider any additional penalties to the
defendant prior to trial."
At the Oct.
15 hearing, the prosecution dropped its motion to compel discovery about
two events, since the defense provided the following information.
1990, High is alleged to have tried to throw another woman from a boat she
was piloting in Newport Beach Harbor, Calif., by accelerating the boat
case, High allegedly pulled a pistol on a boyfriend in 1989.
no charges filed in either case, Nelson said.
incidents are the evidence that Nelson is seeking to prohibit the
prosecution from using.
on this motion of limine is set for Nov. 19.