Attorney asks for dismissal of request for deposition of Waller' - KFVS12 News & Weather Cape Girardeau, Carbondale, Poplar Bluff

Attorney asks for dismissal of request for deposition of Waller's father

CAPE GIRARDEAU, MO (KFVS) -

Clay Waller's attorney in the state case is asking a judge to deny a prosecutor's petition that would allow a deposition from Waller's father into evidence.

Clay Waller's attorney, Scott Reynolds, filed a motion to dismiss the Cape Girardeau County prosecutor's application for deposition to preserve testimony.

On Sept. 22, Cape Girardeau County Prosecutor Morley Swingle filed an application to obtain a video deposition to preserve Clay Waller's father's testimony.  Waller's father is in ill health in a nursing home, according to the motion.

Swingle wants to allow James Clay Waller Sr. to give a deposition claiming that Waller admitted to allegedly strangling Jacque Waller and burying her body.

According to Reynolds' special entry of appearance and motion to dismiss, Scott Reynolds represents Waller in three other non-related matters, but does not represent Waller in any "investigation case".

According to Reynolds in the court document, counsel has not been retained to represent Waller in any potential future criminal matter involving the alleged disappearance of his wife Jacque Waller.

Jacque Waller has been missing since June 1.

Reynolds says in the court document he has not authorized counsel to accept service in that motion and that Waller did not have previous knowledge of the application.

He says the prosecutor's office did not give enough notice to Waller.

Reynolds says under Missouri law, the prosecutor's office had 30 days to notify Waller and that did not happen.

Reynolds also says he has not been able to meet in person with Waller to discuss legal matter since he was taken into federal custody.

A judge will have to decide on the motion submitted by Reynolds.

Clay Waller pleaded guilty Oct. 3 to a federal charge that he made an Internet threat against his missing wife's sister.

Copyright 2011 KFVS. All rights reserved.

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