Jul 31, 2015

"We only have so much time, we need to deal with what is on calendar today"; Jeremy Kish pushes his luck with the Judge and gets called on his court shenanigans

Yesterday afternoon a CON-REP report was scheduled to be heard in Courtroom 2 for Jeremy Kish, suspect in the arson of the former Arcata Alliance market, among other charges he has racked up.

Conflict Counsel's Mr. Greg Elvine-Kreis represents Kish, despite Kish's frequent efforts to fire his lawyer. At yesterday's hearing, Mr. David Lee subbed in for Mr. Elvine-Kreis.

Kish is in administrative segregation, keeps racking up charges in the jail, some of which he has yet to be arraigned on since criminal proceeding were suspended at the last court hearing.

This is from the last court hearing. "The defendant is not currently competent to stand trial," read Judge Bob McNatt from Dr. Wilson's report. "While he understands the nature of his proceedings, he is not cooperating or assisting his attorney in a,rational manner." 

Dressed in his red jumpsuit, Kish was escorted by two bailiffs. The red suit looked dirty like he had been wearing it for days. His mouth and head covered by netting and a face mask, he did his usual drama of summoning his attorney and talking about his dog and unrelated matters before his case could be called.

In consideration for all the other cases on calendar and people waiting, Judge Miles had no patience yesterday for Kish's shenanigans. He kept interrupting while his case was being called and dealt with, this is not new, it is typical. Judge Miles said, "I'm not dealing with any other issues other than the CON-REP report. Mr. Kish, I am going to ask you not to talk. We only have so much time, we need to deal with what is on calendar today. Your attorney can come and talk to you and put other matters on calendar."

Finally his case was called. "All nine of Mr. Kish's files are relevant to his competency determination and CON-REP report," said Judge Miles.

Then looking at the minutes of the July 14 hearing, Judge Miles had some concerns. I was at that hearing and it seems some information did not make it to the minutes. Visiting Judge Bob McNatt subbed for Judge Miles that day and his name was still listed in the court system as being the Judge for yesterday's hearing. "The minutes in 3 cases do not say he is incompetent, nothing was suspended. Arraignment did not proceed."

This was addressed by DDA Jackie Pizzo who asked Judge McNatt what should happen about the three new cases. At that hearing, due to Dr. Wilson's report, Kish was found not competent to stand trial and not arraigned on those cases because all crimonal proceedings were suspended in other cases.

Judge Miles said that "the three last cases should have CON-REP not mental health. There is no report appointing a psychiatrist to evaluate Mr. Kish for anti-psychotic medications; we need that for the commitment order."

Then, Mr. Lee spoke privately with Kish but Kish is si loud that even with the face mask, I could hear him go off tangent about other stuff and he said, "I don't take medications right now."

Mr. Lee then told Judge Miles that initially there was a finding of competence, until we had the new report. "Yes, we want criminal proceedings suspended in all cases." Then Ms. Pizzo and Mr. Lee asked that Kish was "declared incompetent." and asked this apply to three new cases.

Judge Miles orally modified that the referral was COn-REP and not from Mental Health and a psychiatrist was appointed to evaluate Kish regarding his ability to take anti-psychotic meds and whether he has the capacity to consent.

On August 11, there is a motion from County Counsel regarding animal control. From Kish's rantings in court, he was mumbling about that his dogs were "let go" and he kept referring to Judge Miles' "pet order." Have to wait until August 11 to see what are the facts. On August 13 at 2 p.m., Kish's placement status will be reviewed.


Previous posts:

http://johnchiv.blogspot.com/2015/07/jeremy-kish-on-his-way-to-napa-state.html
http://johnchiv.blogspot.com/2015/07/former-arcata-alliance-market-arson.html
http://johnchiv.blogspot.com/2015/06/its-time-for-weekly-let-me-fire-my.html
http://johnchiv.blogspot.com/2015/06/arcata-alliance-market-arson-suspect_11.html
http://johnchiv.blogspot.com/2015/06/jeremy-kish-arcata-arson-suspect-tries.html
http://johnchiv.blogspot.com/2015/05/dressed-in-red-in-chains-with-mouth-and.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html

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