Vincent and Rodney Ortiz cases to be joined?

People: DDA Jackie Pizzo
Defense: Mr. Greg Elvine-Kreis (Vincent Ortiz)
Defense: Mr. Casey Russo (Rodney Ortiz)
Courtroom 2
Judge Marilyn Miles
Intervention hearing and motion for joinder

Judge Miles granted the People's motions to join both cases.  An intervention hearing is scheduled for April 30 at 3 p.m. in Courtroom 2. New preliminary hearing date is May 4. The preliminary hearing is expected to take two mornings.

Father and son both charged in the Hoopa shooting of Daniel Colegrove were in court for the first time today. They were separately arraigned. Rodney Ortiz had his classic stare with no emotion, Vincent Ortiz smiled at his father, which Rodney Ortiz acknowledged with a nod. Vincent Ortiz kept smiling and grinning, even when his attorney, Mr. Elvine-Kreis spoke with him before his case was called but eventually got serious and listened.

Before their cases were discussed, Judge Miles disclosed that both Ortiz's were related to a clerk of the court who mostly worked in family law and in the Hoopa courts. However, this clerk had not worked with Judge Miles and Judge Miles would only have reason to see her in the hallway on the second floor and therefore Judge Miles did not disqualify herself from the case.

An April 7 preliminary hearing was scheduled for Rodney Ortiz. An April 9 hearing was scheduled for Vincent Ortiz. The People filed a motion to join both cases. Mr. Russo, on behalf of Rodney Ortiz filed a motion to continue the preliminary hearing, and a motion to exclude cameras from the courtroom.

Mr. Elvine-Kreis objected to the motion for joinder by the People and said that the cases could be joined after the preliminary hearing.  He argued that cases are joined to avoid two jury trials.

DDA Jackie Pizzo said that if the cases are not joined, Vincent Ortiz would have his preliminary hearing and Rodney Ortiz would have a continuance and the cases would not be on the same track. The two cases  She said there are the "same charges, same witnesses". Agreeing with her, Judge Miles granted the People's motion "In interest of judicial economy." Judge Miles added same judicial time and resources and said the same reasons given for not having two jury trials applied to the preliminary hearings.

Mr. Elvine-Kreis said that "it is clear that there is not evidence against my client based on discovery and he is being held on bail on a murder charge." Judge Miles responded, "That is what a preliminary hearing is for; probable cause." DDA Pizzo said, "There is still investigation ongoing" she would be getting "more discovery to counsel."

The People did not object to the motion to continue and a time waiver was entered by Rodney Ortiz for the 10 day. Judge Miles then cited Penal Code 1050.1 and according to that, Vincent Ortiz's preliminary date also got continued.

Regarding excluding the cameras, Judge Miles said that she had not received any such request but that the objection by Mr. Russo was on a continuing basis and that it is her policy to get input and discuss with counsel before granting any request.

being updated...