UPDATED: 5:30 pm
Folks, today was a mixed bag; GA was in Court as an eye and ear-witness.
The Main Event, whether the 1,000 "Garcia-Zayas emails" residing on HHA servers were subject to attorney-client privilege, was decided as follows.
The Court acknowledged that attorney-client privilege was waived on [Garcia-Zayas] emails where (1) a third party was copied, and (2) on "string" emails (commonly called a "thread,"where attorney communications were blended with others on the "string").
The HHA attorney, Tom Abate, was unable to give the Court specific information about the [Garcia-Zayas] emails, such as whether they contained third parties or "strings," explaining the subject email had been put aside.
It appears likely that the emails having waived attorney-client privilege (with third parties and "strings") will have to be identified and separated for use in the litigation, and released to be OPRAed.
As for emails between Garcia and Zayas, the Judge denied the motion without prejudice.
GA respectfully disagrees with the Court, but hey, I'm not wearing the black robe so who cares what I think? If anyone has questions about the proceedings, I will try to answer. John Heinis was there with a video camera, so check Hudson County View later.
Well, there is more to say but I will leave you with some new information.
Excluding emails subject to "attorney-client privilege," are "30,000 emails" sent to/from Carmelo's HHA account; these are public documents and OPRA-able.
__________________________GA hears "6 motions" will be heard today- one of which is the matter of Garcia's personal email being sent through the HHA network, one (or al1) of the others concern compelling Zayas to answer interrogatories [a list of questions to Plaintiff Garcia].
One source told GA, "Only significant motion is email. Though if judge orders responses [to interrogatories served to Garcia] there could be some interesting info coming to light."
The hearing starts at 1:45 for anyone who wishes to attend. Stay tuned...