DA's motion for continuance in gross vehicular manslaughter case continued for input from victim's family; defense counsel tries to negotiate Lockhart's release to agree to DA's continuance

The District Attorney's office  filed a motion to continue in the David Lockhart case. That motion was to be heard yesterday afternoon at 2 p.m. There was also an intervention hearing scheduled for 3 p.m. today in Courtroom 2 that was vacated after the matter was continued to August 3rd at 2 p.m..

Mr. Russ Clanton, who represents Lockhart addressed the Court yesterday and told Judge Marilyn Miles, "We tend to accommodate continuances if there is no prejudice. In this case, we oppose because he is in custody and will remain there for 30 days while the officer is on vacation. We would reconsider, if People will reconsider custody status and release Mr. Lockhart."

Deputy District Attorney Jackie Pizzo responded that, "While number of members of the victim's family were present, Mr. Patrik Griego who represents the family, was not informed of this motion until she contacted his office that day. I don't think the issue of Mr. Lockhart being in custody is prejudice, more inconvenience."

Judge Miles then said that current dates will remain and the matter is continued until the "People properly notify the victims' family." She said she would not make a decision without their input.

Judge Miles also handed some papers to Mr. Clanton that no one was aware had been subpoenaed but were in the file with a sticky note with this name. There was also clarification on the record that there had been no attempt to subpoena the officer, just that he is on vacation.

The current preliminary hearing date is August 6.


Last post:

Jul 3, 2015

David Lockhart charged with gross vehicular manslaughter in 101 incident hires private attorney and wants a change in custodial status

David Lockhart is charged with a felony: homicide with the count of gross vehicular manslaughter and death of multiple victims.

When he was arraigned in May, he was led away in cuffs in front of the victim's family and friends. "What a difference this new DA has made," is what one of the victim's friends told me outside court that day. They are very pleased with DA Maggie Fleming and her office's handling  of the case. 

The Baker family, who lost their loved ones, have hired award winning and top criminal defense attorney Patrik Griego to represent them. Mr. Griego was also in court with the family.

A disposition and reset hearing was scheduled for July 2. Deputy District Attorney Jackie Pizzo is prosecuting the case and Conflict Counsel's Mr. Greg Elvine-Kreis had been appointed as Lockhart's attorney. Lockhart has retained a private attorney, Mr. Russ Clanton. In local cases that are recent, Mr. Clanton is represented Timothy Littlefield and Judson Stiglich.

Mr. Clanton tried to get another hearing on Lockhart's custodial status saying his "ciircumstances had changed." Judge Marilyn Miles informed him that OR/ Bail was denied on May 29 and that just because Lockhart gets a private attorney, he does not get another chance for OR/Bail and that he was charged with a serious crime of vehicular manslaughter but Mr. Clanton could file a motion for "change of circumstance." An intervention hearing is scheduled for July 30 at 3 p.m. and the Preliminary hearing is scheduled for July 30. 

Previous posts:

http://johnchiv.blogspot.com/2015/06/victims-family-from-101-incident-where.html
http://johnchiv.blogspot.com/2015/05/david-lockhart-charged-with-vehicular.html
http://johnchiv.blogspot.com/2015/04/david-lockart-whose-unsafe-turn-on-101.html