On Thursday January 15th, 2009 a Pre-Trial Hearing at the Northampton District Court in Massachusetts was held regarding Jason’s Case. Initially, Judge Judd Carhart was going to address both the motion to dismiss as well as the subpoena for Bowes and Bosse’s school and police records. However, on account of a pending murder trial, the Judge opted to move the hearing on the Motion to Dismiss to February 18th, 2009, and to only hear the subpeona. At the Pre-Trial, both the records to Bowes and Bosse’s High School and Police Records were granted. Additionally, Northwestern Assistant District Attorney Elizabeth Dunphy Farris asked the judge to move Jason Vassell’s case out of Hampshire County, claiming that Jason’s supporters and defense had distributed sensitive information about the case to the media to infect the jury pool. The Judge promptly informed Ms. Farris that all documents, including the Motion to Dismiss, are in fact public court documents. Responding to inquiry from the media, the Committee said:

"At this hearing the Deputy First Assistant District Attorney now in charge of prosecuting Jason, Elizabeth Dunphy Farris, was clearly concerned by the support that the Committee for Justice for Jason has continued to mobilize for almost a year now. The fact that the prosecutor and the DA’s office are getting uncomfortable, frustrated, and accusatory is due largely to the success of the Justice for Jason campaign in shining a spotlight on this case. District Attorney offices and police departments around the country rely on the lack of transparency with most court cases. They thrive on the secrecy. But now this DA office is scared…scared of having to be accountable to a public that they have, until now, kept in the dark. The DA is elected by her constituency and must therefore be accountable to that constituency. It is clear that DA Scheibel does not want to be accountable. This case and the DA’s racist choices therein highlight the need for an open and transparent criminal justice system–both here in the Northwestern District and in the country at large."

The Motion to Dismiss is to be heard on February 18th, 2009, and trial date has been set for March 2009.