Apr 13, 2017

Why would a case dismissed in Humboldt be on calendar? And why did the attorney who got Eddie Lee's case not be notified?

Eddie Lee was a co-defendant with Limmie Greg Curry in a retrial of a murder case. Lee's case is on calendar this morning in Courtroom 1.

I contacted Mr. Stallworth. He was unaware of this being on calendar.

Lee was represented by Darryl Stallworth from the Bay Area. His case was dismissed in 2014.

I checked into it further with court records. A misc motion listed in the computer. A motion per PC17 (b) which is a felony reduction was made; per PC1203.4 an order was submitted by Mr. Benjamin Okin and that order was granted by the Court this morning. 

11:30: Just spoke with Mr. Okin. Lee called Mr. Stallworth, who suggested he hire a local lawyer for the above.

From the codes, it may be related to the probation hold Lee had in Oregon. 

Curry, who was tried separately, and represented by former Public Defender Kevin Robinson, accepted a plea.

http://johnchiv.blogspot.com/2015/03/plea-deal-in-limmie-curry-case-12-years.html?m=1

(Curry)






Oct 17, 2014



Eddie Lee case dismissed, Judge Feeney grants defense motion

Right before the jury would decide Eddie Lee's fate and whether he was responsible in any way for the murder of William Reid, Judge Feeney granted the defense's oral motion and dismissed the case on the basis of CA Penal Code 1118.

This decision cannot be appealed.

Mr. Darryl Stallworth, who represented Eddie Lee, told me that "It is rare that a Judge will grant such a motion and have the courage to make such a decision." Judges are reluctant to take the decision away from the jury but "this is a prima facie" case, said Mr. Stallworth. "Normally, there is some evidence you can give the jury."

Mr. Stallworth argued that there was not enough evidence presented by the People for the jury to consider and the only basis to charge Eddie Lee was based on the defendant's own statement.

"You cannot convict a person based on his own statement," said Mr. Stallworth.

Eddie Lee will soon be a free man if his probation hold from Oregon can be lifted and that is the next step.

Some of the previous posts:

http://johnchiv.blogspot.com/2014/10/eddie-leea-defense-attorney-accuses.html

http://johnchiv.blogspot.com/2014/09/eddie-lee-to-take-stand-he-has-waited.html

http://johnchiv.blogspot.com/2014/09/eddie-lee-fell-in-love-with-this-area.html

http://johnchiv.blogspot.com/2014/09/witness-and-da-in-eddie-lee-case-make.html

http://johnchiv.blogspot.com/2014/10/i-never-gave-much-thought-about-going.html

http://johnchiv.blogspot.com/2014/09/father-son-like-relationship-triumphed.html




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