Another status hearing in U.S. v. Valerie Hayes took place in Charlottesville federal court on Tuesday.
The hearing lasted well over two hours due to multiple motions and replies from both sides since the hearing held earlier this month. Chief District Judge Elizabeth Dillon has ordered another hearing to give her the time needed to pore over the motions and make the necessary rulings.
ICYMI: Valerie Hayes case
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- How we got here: Summary of U.S. v. Valerie Hayes, the ‘Mennonite kidnapping’ case
Among the issues addressed was Federal Rule of Evidence 404(b). Under FRE 404(b), evidence of a person’s other crimes, wrongs, or acts is generally inadmissible, but there are exceptions.
Among 404(b) evidence the government intends to introduce is evidence of Hayes’ prior links to co-conspirators Frank and Jennifer Amnott. When Hayes was introduced to the Florida couple in 2014, the government says she claimed to be a secret federal agent who could secure children for adoption. The government’s outline also includes, among other things, evidence of past kidnap and kill attempts, surveillance trips to the houses in question, Hayes’ and her boyfriend Gary Reburn’s escape to Scotland, and threats made while they were there. Assistant U.S. Attorney Sean Welsh told the court that these acts can be introduced because they showed motive, opportunity, intent, planning and preparation.
Hayes’ defense team disagreed however, calling it “a stretch” to go back four years and that the acts in question are not intertwined with the charges Hayes faces.
Judge Dillon will take the arguments under advisement, along with other motions and responses that were argued.
Hayes and Reburn have both requested separate trials, saying that being tried together would create prejudice. The government disagreed, with Welsh stating, “If you work together, you’re tried together.”
Two of the argued motions were filed by Gary Reburn’s counsel, who wants to call two of Hayes’ ex-husbands to show a pattern of making false allegations against her partners. Hayes accused her third husband of rape and torture, which investigators found to be untrue, after which Hayes’s admitted her claims were false.
Another Reburn motion was the use of a mental health expert to evaluate the possibility that his client has a neurological condition that affects his ability to recall and assess events. His attorney, Christopher Leibig, said Reburn suffered a brain injury tied to karate, in which he participated and holds a black belt. Leibig says the inquiry is relevant to the defense that Reburn believed certain information conveyed by Hayes. If supported by a completed evaluation, Leibig says it would help the jury understand his susceptibility to deception. The evaluation has yet to be completed, so the motion included a second meeting with a neuropsychologist. Judge Dillon stated that a ruling on mental defense had to be made quickly, which she will consider.
The government also gave details on the co-conspirators’ escape to Scotland. Welsh noted that following arrest, Scottish investigators found false information on the children Hayes wished to seize, citing fake Scottish birth certificates. While it’s not known when the documents were created, Welsh argued that it shows the possibility that Hayes intended to come back to the U.S. and make a second attempt to take the children.
A specific date was not set, but Judge Dillon said the new hearing will take place in late November or early December, with counsel directed to determine possible dates.
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