David Anderson and Jason Warren court dates update. Warren death penalty sought; Anderson human trafficking, sex offenses and more

Jason Warren's case is scheduled for Jury Trial on October 6. Pre-trial is on August 6. There are other dates but as Alternate Counsel Glenn Brown said in today's hearing in Courtroom 4 with Judge Dale Reinholtsen. The hearing today was to set dates, "we will have a better idea of the status of the case" by August. There are two cases, both being tried by Humboldt County District Attorney Paul Gallegos. Warren is being represented by Kevin Robinson and Glenn Brown in one case and Mr. Brown in the second case.

The defense estimated 6 months or more for the trial, including jury selection. Mr. Gallegos thought while it could take 6 months, that he thought 4 months was more realistic.

The case for David Anderson who is being represented by Ben McLaughlin was on for Trial Confirmation Hearing in Courtroom 1. The case is being prosecuted by Luke Brownfield. Judge John Feeney said both cases, including the first one against Mr. Anderson (which was dismissed due to failure to provide adequate discovery) were on calendar this afternoon. This was because there were some records subpoenaed that were the same as in the previous case.

Mr. McLaughlin provided a Trial Confirmation Statement to the Court this afternoon. May 12 is still the date for Jury Trial. "The only issue that might throw a wrench is that we were provided 1108 evidence a week or so ago and our investigator is working on it."

Mr. McLaughlin thought the defense will be ready by the date but since May 12 is only 4 days short of the 60 day deadline for trial; he suggested to the Court that perhaps a "402 hearing on the 1108 witness could be heard before jury selection."

Here are links and information on on 402 and 1108 codes:

http://law.onecle.com/california/evidence/402.html

402.  (a) When the existence of a preliminary fact is disputed, its
existence or nonexistence shall be determined as provided in this
article.
   (b) The court may hear and determine the question of the
admissibility of evidence out of the presence or hearing of the jury;
but in a criminal action, the court shall hear and determine the
question of the admissibility of a confession or admission of the
defendant out of the presence and hearing of the jury if any party so
requests.
   (c) A ruling on the admissibility of evidence implies whatever
finding of fact is prerequisite thereto; a separate or formal finding
is unnecessary unless required by statute.

http://law.onecle.com/california/evidence/1108.html

1108.  (a) In a criminal action in which the defendant is accused of
a sexual offense, evidence of the defendant's commission of another
sexual offense or offenses is not made inadmissible by Section 1101,
if the evidence is not inadmissible pursuant to Section 352.
   (b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered in compliance with the
provisions of Section 1054.7 of the Penal Code.
   (c) This section shall not be construed to limit the admission or
consideration of evidence under any other section of this code.
   (d) As used in this section, the following definitions shall
apply:
   (1) "Sexual offense" means a crime under the law of a state or of
the United States that involved any of the following:
   (A) Any conduct proscribed by Section 243.4, 261, 261.5, 262,
264.1, 266c, 269, 286, 288, 288a, 288.2, 288.5, or 289, or
subdivision (b), (c), or (d) of Section 311.2 or Section 311.3,
311.4, 311.10, 311.11, 314, or 647.6, of the Penal Code.
   (B) Any conduct proscribed by Section 220 of the Penal Code,
except assault with intent to commit mayhem.
   (C) Contact, without consent, between any part of the defendant's
body or an object and the genitals or anus of another person.
   (D) Contact, without consent, between the genitals or anus of the
defendant and any part of another person's body.
   (E) Deriving sexual pleasure or gratification from the infliction
of death, bodily injury, or physical pain on another person.
   (F) An attempt or conspiracy to engage in conduct described in
this paragraph.
   (2) "Consent" shall have the same meaning as provided in Section
261.6 of the Penal Code, except that it does not include consent
which is legally ineffective because of the age, mental disorder, or
developmental or physical disability of the victim.

Other posts on this blog about this case:

http://johnchiv.blogspot.com/2014/04/human-trafficking-with-minor-new-count.html

http://johnchiv.blogspot.com/2014/03/anderson-prelim-today-case-to-proceed.html