Oct 27, 2016

"We cannot provide defense with what does not exist"

A motion to dismiss the charge against Ewa Misztal as well as a motion for discovery was scheduled for this afternoon.

Public Defender Casey Russo is representing Misztal. Deputy District Attorney Stacey Eads is prosecuting this case. She is presently doing jury selection for the Thomas Lusk case.

Deputy District Attorney Brie Bennett appeared in court this afternoon for the People. The People are opposing both motions. The 995 motion was continued and specially set for 11 a.m. on October 31.

For those wanting to know why, check back later for details on why Judge Joyce Hinrichs continued the 995 motion. Discovery motion is explained in the post title. I will update on that as well later.



Oct 6, 2016


Defense files motion to dismiss case against Polish citizen charged with the death of her baby



Ewa Misztal, the Polish citizen charged with the alleged death of her baby, has a motion hearing this afternoon for discovery.

Her attorney, Mr. Casey Russo, filed a 995 motion to dismiss the case on September 30.

That hearing is scheduled for October 27. The defense has also subpoenaed records from Mad River Hospital.

Some discovery was provided to the defense before the court hearing but that motion was continued and will be heard with the 995 motion on October 27.


Sep 27, 2016


Jury trial set for Ewa Misztal on Nov 21; she gets teary eyed as she sees her family in court from Poland


This afternoon Ewa Misztal, the Polish citizen arrested in Arcata for the alleged death of her baby, was  arraigned on information for her jury trial. She entered a plea of not guilty, time was not waived, and the date for her jury trial is November 21.


Mr. Casey Russo who is representing her said he was going to request a date for discovery because he has not even received the autopsy report yet. He has also subpoenaed records "crucial to the case".

Misztal's family was in court, a man and a woman, likeltly her mother because Mr. Russo referred to her as Mrs. Misztal. She was sobbing in court and had a Polish interpreter with her. Miztal got teary eyed as she saw her family.

The alleged charge is the same that she was held to answer after the preliminary hearing: Count 1 Felony PC 273ab Assault on a child causing death.

Misztal is being represented by Public Defender Casey Russo. Bail is one million. 

If convicted, the sentence for this charge is 25 years to life.


Previous post (with preliminary hearing information and all coverage on this case):

http://johnchiv.blogspot.com/2016/09/it-is-difficult-to-comprehend-why.html

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