Jun 23, 2015

It's time for the weekly, let me fire my lawyer again Jeremy Kish show; evaluation rules him competent to stand trial, for now

A report from Dr. Ramirez was due this afternoon at 2 p.m. in Courtroom 2 regarding Jeremy Kish, the arson suspect for the crime committed at the former Alliance Market location in Arcata.

Dr. Ramirez's report basically ruled him competent to stand trial. Still in administrative segregation, dressed in red, chained with face and mouth covered with masks, Kish has requested another Marsden hearing. Third time he has tried to fire his court appointed lawyer. That hearing will be held in a closed courtroom so I will update later today or tomorrow.

He has another case  in which a protective order in court was served on him for a confidential male victim. The charges are Sodomy by use of force and Forcible oral copulation in that case.

On June 9, he committed assault in custody just to get on the court calendar and tried to fire his court appointed lawyer, again.

Last post:

Jun 11, 2015


Arcata Alliance Market arson suspect fired by his attorney, just kidding! Competency to stand trial declared for Jeremy Kish

If you have been following the saga of Jeremy Kish on my blog, you will get the joke in the headline. Today, a preliminary hearing was scheduled for five recent cases, including the alleged arson committed by Kish at the former Alliance Market location in Arcata.

An additional bailiff stood by Kish who is still dressed in red which means "adminstrative segregation" and still has a face and mouth mask with his hands bound by chains. This morning, he was escorted by three correctional officers who stayed in court and took him back to custody.

Kish has tried to fire his court appointed lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis twice. This morning, Mr. Elvine-Kreis told Visiting Judge Dennis Buckley that he was "declaring doubt as to his client's present competency."

Judge Buckley suspended proceedings on all files and Dr. Ramirez has been appointed to submit a report on Kish's competence. That report is due on June 23 at 2 p.m. in Courtroom 2.

Besides his dramatic entrance, Kish could not let the proceeding go by without blurting something and making yet another false accusation that is later disproved. "Can I say something?", he asked the Judge. Then he told Judge Buckley, "Can you order my lawyer to come see me and talk to me? Mr. Elvine-Kreis whispered, "I have come to see you" and privately spoke with Kish. Kish babbled on and on talking with his lawyer and was very polite, just minutes after he complained about his lawyer. Maybe he wanted an update on his dog, instead of his case. Again, a joke you will have to read the previous links to appreciate. As he was being led away, he turned to Ms. Lesa Christensen, one of the three officers escorting him and said, "Are you still mad at me?"

With Kish, I am sure we will see him back in court before June 23.

In California, Competency to Stand Trial is also known as California Penal Code 1368 PC. According to the Wallin and Klarich law firm's blog, "When doubt is declared concerning a defendant’s competence, all criminal proceedings are suspended until there has been a determination on the defendant’s competence. The court is bound under Penal Code §1368(c) to suspend criminal proceedings until the defendant is determined to be competent. When the criminal proceedings are stopped, all time limitations are suspended as well."

"Though the criminal proceedings have halted, there exist exceptions. In the pending determination of the defendant’s competence, the court is still able to rule on motions to dismiss (including motions made under Penal Code §1385), motions to suppress evidence and demurrers. Additionally, preliminary hearing can be conducted as allowed by Penal Code §1368.1."

DDA Zach Curtis was present for the People in Courtroom 5 today.

Previous post link (includes all past links):

http://johnchiv.blogspot.com/2015/06/arcata-alliance-market-arson-suspect.html

Jun 9, 2015


Arcata Alliance Market arson suspect pulls another stunt and commits assault while in custody so he can get into court so he could fire his court appointed lawyer again!

First he is charged with arson of the former Alliance Market store in Arcata, resisting and delaying and obstructing an officer while the office is on duty, assault on a custodial officer, battery by gassing a peace officer in the detention facility and criminal threats.

Then he is charged in another case with sodomy by force and oral copulation of a male victim. My first post has other charges in his past.

He has claimed he was denied food and water, then in another hearing he wanted to fire his lawyer because Kish thought his lawyer wasn't doing enough about his dog. Today, he claimed that the jail denied him writing a letter to court and another Marsden hearing and he had to commit a felony just to get on calendar!

He spits on the correctional officers and has to wear a mask covering his face and mouth. He tries to fire his lawyer at the last hearing and today, he racks up another charge just to get into court and tries to fire his court appointed lawyer again!

Jeremy Kish was arraigned in Courtroom 5 today for 243.9. (a):


243.9.  (a) Every person confined in any local detention facility
who commits a battery by gassing upon the person of any peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, or employee of the local detention facility is
guilty of aggravated battery and shall be punished by imprisonment in
a county jail or by imprisonment in the state prison for two, three,
or four years.
"Gassing" means intentionally
placing or throwing, or causing to be placed or thrown, upon the
person of another, any human excrement or other bodily fluids or
bodily substances or any mixture containing human excrement or other
bodily fluids or bodily substances that results in actual contact
with the person's skin or membranes.

Visiting Judge Dennis Buckley appointed Conflict Counsel. This is the office representing Kish on his other cases but being a different courtroom, Mr. Marek Reavis was handling those cases. As he tried to accept appointment and enter not guilty pleas on behalf of Kish, which is standard procedure; Kish yelled, "I would like to fire Conflict Counsel!" He told the Judge that he tried to fire his lawyer and that "if you appoint Conflict Counsel, I will plead guilty!"

As they tried to complete arraignment, Kish kept yelling, "No, I plead guilty! He is not my attorney!"
He kept interrupting the Judge and his own attorney who tried to explain to him that it was not in his best interests to keep yelling and he countered, "I have a right to fire my own counsel!" And kept saying he would keep committing acts that would bring him back to court and he wanted a Marsden hearing. He also wanted the Judge to appoint him a Public Defender. The Judge granted him a Marsden hearing on June 11 to review appointment of counsel.


Previous links:

http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-arraignment-continued-as-he.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-charged-with-arson.html
http://johnchiv.blogspot.com/2015/05/dressed-in-red-in-chains-with-mouth-and.html
http://johnchiv.blogspot.com/2015/06/jeremy-kish-arcata-arson-suspect-tries.html

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