Bodhi Tree decision re death penalty case yet to be determined

The Bodhi Tree trial is still set for March 24. Whether this will be a case in which the death penalty will be sought or not is a determination not yet made. Elan Firpo, who is prosecuting the case for the People told the court that "Mr. (Paul) Gallegos (District Attorney) will be making that determination."

That decision is expected to be made by March 17, which is the date for Trial Readiness Conference, at a special set time of 4 p.m. Trial Assignment Conference is at 8:30 a.m. on March 21.

Bodhi Tree is charged with allegedly  shooting Rhett August on May 15 in Eureka and allegedly murdering Alan “Sunshine” Marcet and Christina Schwarz in Arcata on May 18.

Before his case was called, Tree briefly talked to one of his attorneys, Public Defender Casey Russo. His other attorney is Public Defender Heidi Holmquist. Tree seemed exasperated that he had to wait a few minutes before his case was being called as if being in court "was inconvenient". Maybe being back in jail seemed like a better option?

Ms. Holmquist stated that there were some "outstanding discovery issues" before trial. Ms. Firpo responded that discovery had been provided as requested and attempts to provide defense with discovery that was available was ongoing. In some cases, Ms. Firpo said the documents did not exist and affadavits could be provided by agencies to that effect, if neccessary.

Judge Dale Reinholtsen asked when the determination would be made about this being a death penalty case, at which point Ms. Firpo stated the date and that Mr. Gallegos would be making that decision. This is relevant because if it is a death penalty case, there are procedures to be followed. 

A daily transcript was mentioned. This refers to California Penal Code 190.9.  (a) (1) In any case in which a death sentence may be imposed, all proceedings conducted in the superior court, including
all conferences and proceedings, whether in open court, in conference
in the courtroom, or in chambers, shall be conducted on the record
with a court reporter present. The court reporter shall prepare and
certify a daily transcript of all proceedings commencing with the
preliminary hearing. Proceedings prior to the preliminary hearing
shall be reported but need not be transcribed until the court
receives notice as prescribed in paragraph (2).

(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the clerk shall order the
transcription and preparation of the record of all proceedings prior
to and including the preliminary hearing in the manner prescribed by
the Judicial Council in the rules of court. The record of all
proceedings prior to and including the preliminary hearing shall be
certified by the court no later than 120 days following notification
unless the time is extended pursuant to rules of court adopted by the
Judicial Council. Upon certification, the record of all proceedings
is incorporated into the superior court record.
   
(b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
  
 (2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment is not a ground for reversal.
   
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of Section
271 of the Code of Civil Procedure.

Judge Reinhotsen asked if there would be a questionnaire for jury selection and Mr. Russo responded there would and Ms. Holmquist said that they would have that by March 17.