JACKSONVILLE, Fla. – Attorneys representing Ryan Wannemacher, the former chief financial officer of JEA, have filed a motion to continue, or delay, the deadlines for pretrial motions — as well as the trial date itself.
There were motion deadlines in late March and early April, and a trial date set for May 2. Wannemacher and former JEA CEO Aaron Zahn on Tuesday entered not guilty pleas in federal court on charges of conspiracy and wire fraud.
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In the motion, Wannemacher’s attorneys argue that in the city’s investigation to determine a basis for firing Zahn with “cause,” the city granted immunity to Zahn, Wannemacher and other JEA employees in exchange for their testimony. The attorneys argue that federal prosecutors are bound by that decision and that they can’t use Wannemacher’s testimony from that investigation against him.
Attorneys write that Wannemacher’s testimony was posted online by the city in January 2020, where it could be viewed by the public, including prosecutors, grand jury witnesses, additional witnesses that could be called at trial and the media, and the attorneys write that the media has repeatedly published excerpts on television, print and online.
The attorneys argue that because of this testimony, there’s a variety of legal issues that may need to be addressed, and that they may file motions — including ones to dismiss the indictment, review the grand jury materials or disqualify the prosecution team. They write that they’re also planning to file a motion to sever Wannemacher’s case from Zahn’s case, because a critical part of Wannemacher’s defense will require Zahn’s testimony from the city investigation — something that the attorneys argue can’t be used against Zahn.
The attorneys say they need more time to research these issues and file the motions. They are asking for either a status conference to come up with new deadlines for the case or to work it all out at the scheduled April 18 hearing.
According to the motion, prosecutors do not oppose the delay, and neither do Zahn’s attorneys.