Kish pulls his usual stunts in court but Judge Miles goes that extra step to make sure that Kish rights of due process are met

Jeremy Kish decided  not to piss of Judge Marilyn Miles today, maybe having 4 extra bailiffs escort him and be present in the courtroom today, two on either side of him might have helped a little. Dressed in his usual red for administrative segregation and face and mouth covered with netting and a mask, Kish decided to pull yet another stunt this afternoon.

Judge Miles started today's proceeding with, "Mr. Kish has been declared not competent previously and we are here today for a CON-REP report for placement and a report on the order for anti-psychotic medication."

Then Judge Miles shared  a handwritten copy she had received to Conflict Counsel's Mr. Greg Elvine-Kreis who has been appointed to represent Kish. Mr. Elvine-Kreis then spoke with Kish and informed Judge Miles that Kish was withdrawing his Marsden motion.

Judge Miles then addressed Kish, "The Court does not accept ex-parte communication from a defendant who has representation from counsel." She indicated one letter indicated he wanted a lawyer, another said no. And so she asked Kish directly for clarification on what he wanted.

"I want my lawyer to come see me," Kish started off with his usual shenanigans and theatrics (see previous posts) and then said he wanted a Marsden hearing. Judge Miles had to put off his matter for later since that occurs in a closed courtroom. I will update the outcome and report results which will probably be discussed in that close hearing when that information is available.

Deputy District Attorney Jackie Pizzo had to step out to another courtroom for a high profile case she is prosecuting so DDA Brie Bennett subbed in for her colleague on the Kish case this afternoon.

I asked a local defense lawyer (who I highly respect) and who was in Courtroom 2 at the time the Kish case was called  why did Judge Miles grant yet another request for a Marsden hearing today? I explained Kish has been declared incompetent and unable to assist his attorney in a rational manner. He has been denied several Marsden hearings and he is all over the place with those requests, now he makes another such request delaying being sent off to Napa. All criminal proceedings have been suspended.

"While it is frustrating, procedurally Judge Miles goes that extra step to make sure the defendant has rights," he said.

Last post:

http://johnchiv.blogspot.com/2015/08/judge-miles-once-again-has-to-reprimand.html

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

http://johnchiv.blogspot.com/2015/07/we-only-have-so-much-time-we-need-to.html