John Chiv: 995 motion for Silverio Sanchez results in one count being dismissed, rest denied, case to proceed to jury trial

Aug 18, 2015

995 motion for Silverio Sanchez results in one count being dismissed, rest denied, case to proceed to jury trial

This afternoon in courtroom 2, the 995 motion was heard for Silverio Sanchez. Count 1 was dismissed, the People agreed with the merits of Mr. Neal Sanders arguments, Judge Miles said. As to Counts 5, 6, 7 and 9 after reading pleadingsxfrom both parties and reviewing preliminary hearing transcripts, Judge Miles denied the defense's motion.

Jury trial date remains as scheduled.

Aug 1, 2015

Attempted murder charge dropped, if defense 995 motion is granted, Silverio Sanchez case that made headlines may end up "resolving"?

On July 30, Judge Marilyn Miles, not a Vsiting Judge was going to hear a 995 motion for former fugitive Silverio Sanchez . The 995 motion seeks to dismiss Counts 1,5, 6 and special allegations as well as Counts 7 and 9 is what Mr. Sanders said in court that day.

While this is not the case that Sanchez is being represented by Mr. Ben McLaughlin, he did attend the court hearing upon the request of Mr. Sanders. Mr. McLaughlin told Judge Miles, "The matters in which I represent continue to trail. If Mr. Sanders' matter is resolved, mine will resolve."

DDA Jackie Pizzo who was in court said she just saw Mr. Sanders' response to the opposition filed by the People to the 995. She said DDA Zach Curtis who is the prosecutor on this case is on vacation and she was quite certain he had not seen the response. Judge Miles had not been given the response by Mr. Sanders and she just saw the "pleadings" in the file in court so needed time to read them.

Mr. Sanders agreed that the matter be continued to allow Judge Miles a chance to review the pleadings.

Next court date is August 18 at 2 p.m. in Courtroom 2 for the 995 motion. The jury trial for the case in which Mr. Sanders is representing Sanchez is scheduled for Sept 21.

Background:

In October 2014, Silverio Sanchez waived his preliminary hearing and the attempted murder charge was dropped. This was on the case that private attorney Ben McLaughlin is representing him.

Oct 14, 2014

Silverio Sanchez preliminary waived; attempted murder charge dropped

Arraignment on information for Jury trial on November 3 at 2 p.m. DDA Zach Curtis stipulated with Silverio Sanchez's attorney, Mr. Ben McLaughlin, to drop Count 1 which is the attempted murder charge and the special allegation associated with it and Sanchez agreed to waive the preliminary hearing.

When Sanchez is arraigned on information for the jury trial, the other counts have been modified to add a special allegation of great bodily injury to Counts 2 and 3 and this was part of the stipulation to waive the preliminary hearing. Sanchez will be charged with Count 2 which is battery on law enforcement; Count 3 which is evading law enforcement with injury and two counts of intimidation of witness.

Then his other private attorney, Mr. Neal Sanders has filed a 995 motion. It was supposed to be heard by a visiting Judge.

Jun 25, 2015

995 motion for former fugitive Silverio Sanchez to be heard by Visiting Judge

Jury trial date for tge felony case for Silverio Sanchez remains set but a 995 motion filed by Mr. Neal Sanders to dismiss certain charges against Silverio Sanchez will be heard on July 7 by a visiting judge in Courtroom 2 since Judge Marilyn Miles,will be on vacation.

Sanchez's family was in court today and spoke with Mr. Sanders after court. Mr. Sanders appeared for Mr. Ben McLaughlin on Sanchez's other cases.

Sanchez nodded to a brother when he came in. The bailiff adminished them later when they tried to communicate.

No media was present in court. Channel 3 came briefly but had to leave before case was called.

May 26, 2015

4 cases on calendar for Silverio Sanchez including arraignment on kidnap, forcible rape, criminal threats and unlawful sexual intercourse with victim 3 years younger

4 cases are on calendar this afternoon in Courtroom 2 for Silverio Sanchez.

Three cases are on for disposition and reset. One for a felony, drugs. Two misdemeanors for assault and battery. The fourth case is for a felony with 10 counts and two special allegations.

Mr. Neal Sanders was appointed on the felony case. Today, Mr. Sanders appeared with Sanchez on behalf of Mr. McLaughlin for the three cases on for disposition and reset. Nothing happened with those three cases.

Neither Judge Marilyn Miles or DDA Andrew Isaac or Mr. Sanders had received the complete preliminary transcript for the felony case with 10 counts so Mr. Sanders said, "I reserve the issue for demurrer. The situation is similar to the previous case." This was referring to the demurrer in the Vincent Ortiz case.

Jury trial is set for July 28 and Trial confirmation is for June 25 at 2 p.m.

Counts 1 and 2 are unlawful kidnapping of Jane Doe to commit rape, Count 3 and Count 4 are criminal threats to Jane Doe and she feared for the safety of her family, Count 5 is stalking, Count 6 attempt to kidnap, Count 7 first residential burglary, Count 8 assault likely to cause great bodily injury, Count 9 forcible rape, Count 10 unlawful sex with a minor 3 years younger.

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