Feb 6, 2016

Why the DA's filing of third amended information was important; how it will affect the outcome of sentencing in the Gary Lee Bullock trial

The death penalty is not being sought in the Gary Lee Bullock case.

This PC 190. 4 code explains statutory law when first degree murder is charged and there are special allegations for that count.

(a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the trier of fact shall also make a special finding on the truth of each alleged special circumstance.  The determination of the truth of any or all of the special circumstances shall be made by the trier of fact on the evidence presented at the trial or at the hearing held pursuant to Subdivision (b) of Section 190.1.

PC 190.4 is the procedure that is followed when special circumstances are alleged to determine if someone gets the death penalty versus LWOP. It talks about true and not true and the empaneling of a new jury if there is not agreement on the special circumstances. The jury has to unanimously find at least one special circumstance true for a Life Without Parole sentence.

By filing the third amended information, there will be a three phase of the jury trial. Guilty, then guilty by sanity or insanity and finding at least one special allegation true.

If those special allegations were not charged in the information, then Bullock could get life with the possibility of parole.

For the second time in court, I am the only one besides court staff and Gary Lee Bullock and I lock eyes three times; third amended information now has 7 counts

For the second time in two years, it was just me in court, besides court staff and once again, Gary Lee Bullock locked eyes with me three times briefly this morning. The first time he looked right at me.

I have been at every court hearing.

I arrived to set up at church on the morning of January 1, 2014 and it had been minutes after Bullock had driven away in Fr. Eric's car. I walked up the pathway I always did, saw the broken window, the weird sign outside the women's bathroom. Thinking nothing of it at first since we used to have people sleep at night in church and being focused on setting up for mass, it wasn't until Fr. Eric did not show up for mass, that I realized something was awry.

Except for court staff, Judge John Feeney and the attorneys, no one else was in court for the trial readiness in the Bullock case this morning.

Judge Feeney met privately with Deputy District Attorney Andrew Isaac and Bullock's court appointed attorney, Conflict Counsel's Kaleb Cockrum. When the courtroom was opened, Judge Feeney said, "Court and Counsel met this morning and we have the long questionnaire for jurors in final form."

Judge Feeney said he would be providing the hardship questionnaire for jurors today and jury selection will proceed on February 29.

The jury trial will be in session five days a week; Monday to Thursday full days and Friday mornings until noon. There are a few days in March and early April that the trial will not be in session.

This was the second amended information. Count 1 murder with three special allegations: infliction of torture, murder committed while engaging in first degree residential burglary, murder committed during carjacking. Count 2 and 3 are both first degree residential butglary. Count 4 Vehicle theft. Count 5 arson of inhabitated structure.

In the third amended information, Counts 6 and 7 were added. Count 6 is carjacking and Count 7 is Torture.

Mr. Cockrum told Judge Feeney that while "they have a legal right to do so, I hope this is the last time."

Mr. Isaac responded that with case law, this was the best way for him to present evidence for special allegations.

Feb 4, 2016


Bullock jury trial reset for February 29 due to scheduling issues

Another trial readiness conference was scheduled at 4 p.m. today in the Gary Lee Bullock case was reset for tomorrow morning at 8:30 a.m.

Jury trial date of February 8 due to scheduling issues, new jury trial date is February 29.

Judge Feeney said "he regrets any hardship and inconvenience this may cause" since the jury trial has been continued or rescheduled a few times.

There is also another filing of amended information that DDA Isaac mentioned in court.

That information will hopefully be available tomorrow morning if Judge Feeney summarizes it in court like he did for the second amended information.

This code explains statutory law when first degree murder is charged and there are special allegations for that count.

(a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the trier of fact shall also make a special finding on the truth of each alleged special circumstance.  The determination of the truth of any or all of the special circumstances shall be made by the trier of fact on the evidence presented at the trial or at the hearing held pursuant to Subdivision (b) of Section 190.1.


Feb 2 post:

Judge Feeney grants DA's motion to file 2nd amended information, Bullock now charged with five counts




Judge John Feeney met privately with attorneys and DA Investigator John Burke. When court opened, jury selection for February 8 and trial date was confirmed. An additional trial readiness is scheduled for February 4 at 4 p.m..

Judge Feeney said that he had met with the attorneys and "they are close to finalizing a jury questionnaire."

Mr. Kaleb Cockrum who represents Bullock did not oppose the filing of the second amended information. Bullock is now charged with five counts. He reentered his plea of guilty not by insanity.

Count 1 murder with three special allegations: infliction of torture, murder committed while engaging in first degree residential burglary, murder committed during carjacking. Count 2 and 3 are both first degree residential butglary. Count 4 Vehicle theft. Count 5 arson of inhabitated structure.

One of the changes in the second amended information is that Bullock is charged with two counts of burglary, one for breaking into the rectory and another burglary committed upstairs.

Mr. Cockrum disagreed and said the facts will show at trial that there were not two burglaries committed.

Bullock's mother and step father were present in court.

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