Arcata Alliance Market arson suspect fired by his attorney, just kidding! Competency to stand trial declared for Jeremy Kish

If you have been following the saga of Jeremy Kish on my blog, you will get the joke in the headline. Today, a preliminary hearing was scheduled for five recent cases, including the alleged arson committed by Kish at the former Alliance Market location in Arcata.

An additional bailiff stood by Kish who is still dressed in red which means "adminstrative segregation" and still has a face and mouth mask with his hands bound by chains. This morning, he was escorted by three correctional officers who stayed in court and took him back to custody.

Kish has tried to fire his court appointed lawyer, Conflict Counsel's Mr. Greg Elvine-Kreis twice. This morning, Mr. Elvine-Kreis told Visiting Judge Dennis Buckley that he was "declaring doubt as to his client's present competency."

Judge Buckley suspended proceedings on all files and Dr. Ramirez has been appointed to submit a report on Kish's competence. That report is due on June 23 at 2 p.m. in Courtroom 2.

Besides his dramatic entrance, Kish could not let the proceeding go by without blurting something and making yet another false accusation that is later disproved. "Can I say something?", he asked the Judge. Then he told Judge Buckley, "Can you order my lawyer to come see me and talk to me? Mr. Elvine-Kreis whispered, "I have come to see you" and privately spoke with Kish. Kish babbled on and on talking with his lawyer and was very polite, just minutes after he complained about his lawyer. Maybe he wanted an update on his dog, instead of his case. Again, a joke you will have to read the previous links to appreciate. As he was being led away, he turned to Ms. Lesa Christensen, one of the three officers escorting him and said, "Are you still mad at me?"

With Kish, I am sure we will see him back in court before June 23.

In California, Competency to Stand Trial is also known as California Penal Code 1368 PC. According to the Wallin and Klarich law firm's blog, "When doubt is declared concerning a defendant’s competence, all criminal proceedings are suspended until there has been a determination on the defendant’s competence. The court is bound under Penal Code §1368(c) to suspend criminal proceedings until the defendant is determined to be competent. When the criminal proceedings are stopped, all time limitations are suspended as well."

"Though the criminal proceedings have halted, there exist exceptions. In the pending determination of the defendant’s competence, the court is still able to rule on motions to dismiss (including motions made under Penal Code §1385), motions to suppress evidence and demurrers. Additionally, preliminary hearing can be conducted as allowed by Penal Code §1368.1."

DDA Zach Curtis was present for the People in Courtroom 5 today.

Previous post link (includes all past links):

http://johnchiv.blogspot.com/2015/06/arcata-alliance-market-arson-suspect.html