People's opposition to defense 995 motion in Benjamin Carter's makes a reference to his email with Kym Kemp/ LOCO and shows he is in violation of law

Benjamin Carter is  charged with Count 1 Murder and Count 2 possession of a firearm in the death of Zachary Chapman. Mr. Michael Acosta is representing Carter.

There is a possibility that this case may resolve before a jury trial . At the last court hearing, the date of May 13 was set for Judge John Feeney to hear a 995 motion by the defense to dismiss Count 1 and Count 2. The defense filed that motion and the People have filed their response.

In the People's response, DDA Andrew Isaac said as to Count 1, the dense motion has merit. As to Count 2, the People object. "If no evidence was presented at the preliminary hearing regarding the defendant's status as a felon it was probably because the defendant's status as a felon four times over was understood. At this juncture, the Court can and should take judicial notice its own files reflecting the defendant's four prior felony convictions. Alternatively and more conservatively, the Court under Penal Code 995a should allow the People to reopen briefly to introduce a certified copy of the defendant's complete criminal record."

Citing cases and evidence to the Court, the People make a strong case for their opposition.

Also referenced in the People's motion is an email exchange Carter had with Kym Kemp when she was with Lost Coast Outpost in which he admits to being a felon in possession of a firearm which is a violation of the law.

Previous post (with links to other coverage of this case on the blog):

http://johnchiv.blogspot.com/2015/04/benjamin-carter-trial-date-vacated-995.html