Chad Haber wasn’t qualified to run for Attorney General last year, but he appears to be representing himself in his fight against the Hughes County State’s Attorney’s prosecution of his 2014 petition perjury. On November 18, Hughes County received Haber’s discovery request:
Haber seeks “copes of all reports and documents… in possession of the State” related to this case, “any videos or recordings containing the defendant, a list of all potential witnesses, a copy of the Defendant’s criminal record, and any affidavits concerning” this case under “Rule 16,” federal discovery rules covered by South Dakota Codified Law Chapter 23A-13.
On that request for a list of all potential witnesses and affidavits, Haber might want to consult SDCL 23A-13-6:
In any criminal prosecution, no statement in the possession of the prosecuting attorney, which was made by a prosecution witness or prospective prosecution witness (other than the defendant), shall be the subject of subpoena, discovery, or inspection until such witness has testified on direct examination in the preliminary hearing or in the trial of the case [SDCL 23A-13-6].
Haber might be entitled to a list of prospective witnesses (and heaven knows what he’ll do with that list), but SDCL 23A-13-6 seems to prohibit him from looking at the affidavits or other written statements until they have actually taken the stand in front of the judge.
One item we can discover from Haber’s discovery request is his apparent new Sioux Falls address, 4704 South Sundance Circle. The move appears to be recent: the address the state had on file when it indicted Haber in mid-August was 4105 West Newcomb Drive. According to Zillow, the move also appears to be a nice upgrade in living conditions. The Newcomb property is four bedrooms, three baths, 2,116 square feet, valued around $184K. The Sundance property is five bedrooms, four bathrooms, 4,750 square feet, sold in 2013 for $635K.
Three and a half times more house—not bad for a guy with no documented source of income and a gal who had to close her clinic this summer. It would be interesting to discover what bank was willing to grant this apparently income-less family a mortgage or, barring that, how many baggies of cash Chad had to dig up to buy the house for cash.
But who knows? They got their church to donate an RV to them three years ago; maybe they got their church to reach even deeper into their hearts this time and give them a house.