Trial confirmation for both Rodney and Vincent Ortiz was scheduled for 2 p.m. in Courtroom 2 yesterday. Judge Marilyn Miles has been the judge since arraignment to preliminary hearing and until the case goes to jury trial.
One Ortiz family member and four Colegrove family members were present yesterday morning in Courtroom 6. No family members were in court later this afternoon. The victims' families travel from Hoopa for court hearings .
Rodney Ortiz was held to answer on all charges, one attempted murder and two attempted murder counts after the preliminary hearing.
Vincent Ortiz was not held to answer on the murder count of Daniel Colegrove. He was only held to answer for one of the attempted murder counts, that for Roger Surber.
Currently, the trial assignment is scheduled for July 17 and Jury trial for July 20. Rodney Ortiz's attorney, Mr. Casey Russo filed a motion to continue.
Last court hearing, Mr. Elvine-Kreis was not there and Mr. David Lee from his office appeared for him. Vincent Ortiz withdrew his motion to continue, on July 2, he informed Mr. Elvine-Kreis he "had changed his mind" in court.
Mr. Russo said that his client's "right to prepare for trial trumps Vincent Ortiz's right for a speedy trial."
Mr. Elvine-Kreis said, "If I am successful in my 995 motion, then there will only be one count of murder, if I am unsuccessful, we will file a motion to continue because I will need time to prepare."
DDA Pizzo responded, "The cases are joined. There is no motion to sever. The 995 motion ruling will be in by next Wednesday. Even if the 995 motion was granted, and I am not conceding, cases would remian joined."
Judge Miles pointed out, "both attorneys are indicating they will file motions to sever. If charges are less in one then Court could grant the motion, it's not that simple. I don't want to set a trial date until the 995 motion ruling is in and we know what charges both are facing. I am prepared to continue the motion to continue"
A visiting Judge will now hear the trial confirmation and Rodney Ortiz's motion to continue on on July 9 at 2 p.m.
In court yesterday, to further add to the logistics when a date could be set, Rodney Ortiz now wanted a Marsden hearing. He seemed perfectly happy with his counsel's representation so far.
Vincent Ortiz often laughs in court and so does his father and it appears they think using the legal system to delay and complicate matters is a game.
From Wikipedia: A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court.[1] It is based on a defendant's claim that the attorney is providing ineffective assistance or has a conflict with the defendant. The name comes from the case People v. Marsden. A defendant is required to know to make a challenge of ineffective assistance of counsel, and make one, or the claim of ineffective assistance of counsel or the issue cannot be raised on appeal. There is no requirement to notify a defendant of such a requirement.
A criminal defendant cannot simply fire a court-appointed attorney. The trial judge has discretion whether or not to appoint new counsel on request of the defendant.
http://johnchiv.blogspot.com/2015/05/computer-error-demurrer-date-changes.html, to catch up.
Previous posts:
http://johnchiv.blogspot.com/2015/06/the-ongoing-saga-of-father-rodney-and.html
http://johnchiv.blogspot.com/2015/05/computer-error-demurrer-date-changes.html
http://johnchiv.blogspot.com/2015/05/rodney-ortizs-arraignment-on-vincent.html
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html
http://johnchiv.blogspot.com/2015/05/rodney-and-vincent-ortiz-preliminary.html
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-files-marsden-motion-to_1.html
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-files-marsden-motion-to_1.html
http://johnchiv.blogspot.com/2015/05/connection-between-rodney-ortiz-and-man.html
http://johnchiv.blogspot.com/2015/03/vincent-ortiz-arraigned-to-be-arraigned.html
http://johnchiv.blogspot.com/2015/03/rodney-ortiz-murder-suspect-gets-his.html
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