Benjamin Carter new trial date of April 27; defense filed demurred to Count 2 and request of dismissal

Today was the trial Confirmation hearing for Benjamin Carter. Michael Acosta represents Carter. Mr. Andrew Isaac is prosecuting for the People.

Defense requested a continuance to have more time for the 995 motion and today a demurrer to dismiss Count 2.

Mr. Acosta said that Count 2 of Arson was dismissed at the preliminary hearing. At that time, DDA Luke Brownfield was prosecuting the case. For the jury trial, Count 2 is the possession of a firearm. Mr. Acosta said that the People had 10 guns in evidence, "which gun are they referring to?"

In court, Mr. Acosta gave Judge John Feeney the demurrer and request for dismissal for Count 2. He also asked for a continuance for the jury tr and said he needed more time to file his 995 motion. The jury trial date of April 6 was vacated and is now set for April 27.

Mr. Isaac said that lack of specificity about the firearm was not a valid defense and he would file a written objection. Both attorneys verbally presented a few points to support their argument. Judge Feeney "thanked them for a sneak preview" and on March 25, there will be a hearing on the defense demurrer and trial confirmation.

The defense offer was only reported on this blog. Here is the link:

http://johnchiv.blogspot.com/2015/01/offer-made-by-defense-in-benjamin.html?m=1

Previous post:

Benjamin Carter, is charged with Count 1  murder. Count 2 is possession of a firearm. Two firearm enhancement allegations were added for both counts and a special allegation of prior and serious felony conviction. He is the suspect in the murder of Zachery Chapman.

Mr. Andrew Issac was in court today for the People; Mr. Michael Acosta is representing Carter. Both spoke before and after the court hearing. Mr. Issac told Judge John Feeney that "the case was on for a disposition and reset hearing today and that the parties had not reached a resolution." Last week, the defense made an offer for the People to review. Mr. Issac said that Mr. Acosta was going to file a 995 motion and Mr. Acosta said that it would be for two counts.

Jury trial has been set for April 6 at 8:30 a.m. and a Trial Confirmation hearing for March 11 at 2 p.m.

A California Penal Code 995 motion is  a request for the judge to dismiss one or more counts of the complaint.

Related posts to this Carter post:

johnchiv.blogspot.com/2015/01/offer-made-by-defense-in-benjamin.html
johnchiv.blogspot.com/2015/01/in-stiglich-case-they-charged-him-with.html