Closing arguments for James Colby, suspect originally accused of oral copulation with minor, to take place tomorrow morning

Currently, a jury is awaiting to hear closing arguments and jury instructions to deliberate the fate of James Horner Colby, Jr. Yesterday,the jury heard from the defendant. Judge John Feeney is presiding; DDA Luke Brownfield is the prosecutor; and Conflict Counsel's Kaleb Cockrum is assigned to defend Colby.

The case that the jury heard had several charges. Colby is charged with a felony: assault. Assault with intent to commit a sex offense; attempted forcible rape; and sexual battery. There are 13 counts in this case and the defense is trying to get Counts 8 to 13 dismissed under PC 1118.1. The People are opposing this and this morning the attorneys were going over all of this in court.

There is another case that was a felony: sex offense which is on for dismissal tomorrow with a disposition/reset. In that case, Colby is charged with a lewd and lasvicious act with a person under the age of 14 years also known as PC288 (a) which is the California Penal Code 288a describes the California sex crime of “oral copulation with a minor.”

I did sit in on some of the hearings for this case and thought the victim in both cases was the same. I asked for clarification and comment from the District Attorney's office. Our DA, Ms. Maggie Fleming responded via email:

"The two cases were consolidated.  Some of the charges were dismissed based upon the testimony. Closing arguments are tomorrow morning. "


CA Penal Code 118.1:

1118.1.  In a case tried before a jury, the court on motion of the
defendant or on its own motion, at the close of the evidence on
either side and before the case is submitted to the jury for
decision, shall order the entry of a judgment of acquittal of one or
more of the offenses charged in the accusatory pleading if the
evidence then before the court is insufficient to sustain a
conviction of such offense or offenses on appeal. If such a motion
for judgment of acquittal at the close of the evidence offered by the
prosecution is not granted, the defendant may offer evidence without
first having reserved that right.