This afternoon in Courtroom 1,Judge John Feeney ruled on the defense request for a dismissal for Count 2 in the Benjamin Carter case. He denied the defense motion to dismiss Count 2.
At the last hearing, Mr. Acosta had requested more time to file a 995 motion and demurrer to Count 2 alleging "lack of specificity of firearm." After reading the People's objection and reviewing the defense motion, Judge Feeney said that he was going to deny the defense motion because the arraignment on information "refers to the shotgun as a firearm."
Mr. Acosta told the Court that he filed the demurrer "because Mr. Carter wanted to make sure what he was pleading to and that the jury might be confused by the physical evidence and which firearms he possessed."
In court, Carter's defense attorney, Michael Acosta said "this case is most likely to resolve in two weeks."
After the court hearing, Mr. Acosta spoke with me and Will Houston from the Times-Standard. I have covered most of what Mr. Acosta said in my previous posts which you can access via the link below including an exclusive on the defense offer.
Trial was confirmed and jury trial is currently scheduled for April 27. Trial assignment is April 24 at 8:30 and Trial Readiness on April 20 at 2 p.m. in Courtroom 1. The case is being prosecuted by Mr. Andrew Isaac.
Previous post (with other links to posts on this case):
johnchiv.blogspot.com/2015/03/benjamin-carter-new-trial-date-of-april.html
You mean a shotgun isn't a fire arm? News to me.
ReplyDeleteA fire arm is something that when you pull the trigger it goes "BANG!"(in a fiery sort of way). Last time I heard one, so does a shotgun.
Another case of when the well-educated get silly.