Sep 10, 2015

No one had an idea what the bail was, no charges in the system, the DA had not filed a complaint yet Michael Mcbeth is in custody

Michael Mcbeth's case was scheduled for a disposition and reset hearing September 9 in Courtroom 2. Mr. Ben McLaughlin is representing Mcbeth. According to the jail reports, he had picked up alleged new charges.

But there was nothing listed in the court computers, Judge Miles did not have a complaint and Deputy District Attorney Jessica Watson, who was subbing in just for that day, had no idea what these new charges were and what the bail was. She said in court, "I don't know anything."

According to the jail reports, Mcbeth was booked on Tuesday, Sept. 8 11:43 p.m. for PC 273.6 (a), PC 273.5 (a) and PC 273.5 and HS 11377 (a). The PC 273.5 (a) is the charge for the case he was arraigned on July 17.

Mr. McLaughlin was in court. He said Mcbeth's father was told the bail was $200,000. Judge Miles set it for $50,000 yesterday afternoon. Mcbeth was not arraigned and the disposition and reset hearing was set for September 14 at 2 p.m. to see if new charges would be filed.

Mcbeth was surrendered by his bail bondsman, according to the court hearing yesterday. Judge Miles exonerated his bond.

Michael McBeth had been out on bail. He was arraigned on July 17 for three misdemeanors. Count 1 is PC 273.5 (a) inflicting corporal injury on a spouse/cohabitant; Count 2 is threats to commit crime resulting in death; and Count 3 is PC 273 (a) (b) cause or permit cruelty to a child. The alleged victim in the complaint is Maria Gutierez. She did not requested confidentiality and was listed in the original complaint.

Mr. McLaughlin told Judge Miles yesterday that July 17 "matter is resolved, new charges are pending. They have not made decision yet whether to file." Time was waived.

The last court hearing on the McBeth case was on August 28 when  Judge Joyce Hinrichs was calling the trial assignment calendar. District Attorney Maggie Fleming was present for the People.

Rebecca Linkous, appeared on behalf of Mr. McLaughlin.

On August 28, Linkous told Judge Hinrichs that “Based on discovery provided earlier this week and today, defense is asking for a short continuance. People agreed to a week, we are asking for two weeks.” Time waiver was entered.

“New evidence that he contacted the victim via text messages in violation of a CLETS order,” said Ms.  Fleming.

Ms. Linkous responded that the “Victim did not feel threatened; he asked her not to press charges. We still need interview with the victim. Need to translate that from Spanish.”

Judge Hinrichs asked that if defense wanted a continuance they had to file to show “good cause.”

Disposition and reset was scheduled for Sept 2 at 2 p.m. in Courtroom 2.

Previous posts:

http://johnchiv.blogspot.com/2015/07/michael-mcbeth-to-be-arraigned-for.html
http://johnchiv.blogspot.com/2015/07/michael-beth-charged-with-corporal.html
http://johnchiv.blogspot.com/2015/07/august-31-jury-trial-set-for-michael.html

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