Jonas Semore sentenced 15 years to life in prison for second degree murder of David Ganfield.
Semore has 491 days custody credits; not entitled to good time credits.
A motion for a new trial was filed 9/13 by Jonas Semore's attorney, Mr. Russ Clanton, two days before his sentencing this afternoon, which was continued from July 27.
Mr. Russ Clanton argued that he had "newly discovered evidence" from two witnesses; Rebecca Hamline and Eric Harmon. When asked why he did not have a declaration from Ms. Hamline, Mr. Clanton explained reasons for her reluctance and that she had not been able to contact her attorney, Mr. Allan Dollison, who serves in the Army reserves and was called to Afghnistan and is overseas.
Harmon, according to Mr. Clanton had a change of heart.
Deputy District Attorney Roger Rees is prosecuting this case cited Evidence Code 1181, Section 8. He mentioned that nothing prevented Mr. Clanton from cross examining either Hamline or Harmon, who were both subject to recall, during the trial. There is nothing they could offer in a new trial that could not have been discovered by due diligence in the first trial. DDA Rees also said that there was
"no credible evidence offered" in the defense's declaration of a new trial.
Judge John Feeney in his ruling agreed with the People and said, "Even if the post trial statements of Ms. Hamline and Mr. Harmon were considered newly evidence, defense has not shown that the outcome would be different."
Judge Feeney denied the motion to continue the sentencing made by Mr. Clanton, in court, saying it had been four months since the jury verdict and that "all parties, in particular David Ganfield's family had waited long enough."
There is another civil case trailing in which Semore is still represented by Ms. Kathleen Bryson. Mr. Clanton asked for time to substitute in or talk to Ms. Bryson because he was requesting money back seized from Semore. The People contested that. A hearing to determine the outcome is set for September 20. Semore will be transported until that hearing is held.