I wonder what Kayla's attorney has to say about all this, as of a week out from the omnibus they're still not listed on MCRO. They must be busy.
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She has chosen not to retain one for whatever reason.
However, she is facing the exact same drug charges as Nick with the exact same evidence. The prosecutor would need something a bit more to treat them differently so in my opinion they would get identical plea offers for identical crimes with identical evidence. Nick deserves worse but the prosecutor hasn't articulated a legal reason why.
Further, Nick has been hinting at plea deals/agreements lately, even offering it up as an option at the omnibus last night. I think his attorney has been working on a plea deal as an entire package to get his kids back. When the prosecutor proffered a deal to Nick, they were obliged to send it to Kayla as well. That is the service affidavit in her history. I don't see a reason the prosecutor would send her a deal if Nick didn't get the same one. It makes no sense to me to try and flip her without her being represented by an attorney. It would only expose weaknesses in their case. What they have now is rock solid possession.
If Nick is going to fight the search warrant, I find it odd he has made 0 filings. In his custody case, he listed experts to fight drug testing, etc. No filings for who he plans to call at the omnibus. He doesn't have to prove anything but the state already told him who they are calling and he has no rebuttal witnesses. He's had weeks to respond. He responded to Josh's filings on coverage but not the filings regarding the felony charges? He seems to be placing his bets that the warrant is deficient on its face with no witnesses to testify as to why. Not even his dad can be called. OR a plea is a done deal with an agreement that the judge rules on the warrant prior to the pleading.
His only filings are to suppress media coverage of his pre-trial court appearances "because of his kids." IMO, I think he'll take a deferred adjudication plea agreement and it will be the same deal for Kayla. The big unknown is whether April, with pending felony drug charges, is allowed to be around Nick and his kids.
And I'll write his reasoning/gas lighting/excuse "muh kids:"
"The state took my kids out of their home. We've worked very hard to get them back. Now that they are back, I need to protect them. The rules of the court protected them from media exposure prior to a jury trial, but if I were to exercise my right to a jury trial, they would be exposed to the predators at Josh Moon's KFs during the very public trial proceeding. It's funny and weird that exercising my right to a jury trial would jeopardize my children's safety but here we are. And so, I must accept the states offer to eventually have this felony charge lifted to protect my family from harm by the KF pedos. My day in court where I defend my innocence is over but my kids are safe as a result."
He's writing that speech down right now.