Jury trial date of September 14 set for Rio Dell police officer Kevin Harralson's case; People's offer rejected by defense

After the defense rejected the People's offer during a disposition and reset hearing today in Courtroom 5,a  jury trial date of September 14 has been set for Kevin Harralson. Trial conformation is September 9.

Kevin Harralson, is the Rio Dell officer that was arrested and charged with two counts of battery on the mother of his child PC 243 (e) (1) and one count of exhibiting a firearm, PC 447 (a) (2).

Harralson is charged in Counts 1 and 2 with PC 243 (e) (1), a misdemeanor. PC 273.5. corporal injury on a spouse, cohabitant or fellow parent is a felony.

Deputy District Attorney A.J. Kamada said the "People's offer was to plead to Count 1 or 2 and plead to Count 3." Mr. Michael Robinson, who is representing Harralson, said that they reject the offer and asked for dates to be set.

Mr. Robinson complimented DDA Kelly Neel, who provided him with prompt discovery and said that discovery was complete. Ms. Neel is leaving September 21 to join the Public Defender's office and when Mr. Robinson inquired who would be handling the case now, DDA Kamada indicated he was the prosecutor on the case.

Mr. Robinson told Judge Joyce Hinrichs that "a lot of evidence has been made public. If the People offer that evidence," he would be filing an motion objecting to that under California evidence Code 1108.

No other media was present in court.

From shouse law websiste:

In general, under Evidence Code 1101 EC, so-called “character evidence” is not admissible in aCalifornia criminal jury trial to show that a person acted in accordance with his/her character on a particular occasion.¹

What this often means for a criminal defendant is that the prosecutor may not introduce evidence of bad acts you committed in the past—criminal or otherwise—in order to show that you committed the crime with which you are being charged.²

From leginfo.ca.gov:

1100.  Except as otherwise provided by statute, any otherwise
admissible evidence (including evidence in the form of an opinion,
evidence of reputation, and evidence of specific instances of such
person's conduct) is admissible to prove a person's character or a
trait of his character.

1108.  (a) In a criminal action in which the defendant is accused of
a sexual offense, evidence of the defendant's commission of another
sexual offense or offenses is not made inadmissible by Section 1101,
if the evidence is not inadmissible pursuant to Section 352.
   (b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered in compliance with the
provisions of Section 1054.7 of the Penal Code.
   (c) This section shall not be construed to limit the admission or
consideration of evidence under any other section of this code.
   (d) As used in this section, the following definitions shall
apply:
   (1) "Sexual offense" means a crime under the law of a state or of
the United States that involved any of the following:
   (A) Any conduct proscribed by Section 243.4, 261, 261.5, 262,
264.1, 266c, 269, 286, 288, 288a, 288.2, 288.5, or 289, or
subdivision (b), (c), or (d) of Section 311.2 or Section 311.3,
311.4, 311.10, 311.11, 314, or 647.6, of the Penal Code.
   (B) Any conduct proscribed by Section 220 of the Penal Code,
except assault with intent to commit mayhem.
   (C) Contact, without consent, between any part of the defendant's
body or an object and the genitals or anus of another person.
   (D) Contact, without consent, between the genitals or anus of the
defendant and any part of another person's body.
   (E) Deriving sexual pleasure or gratification from the infliction
of death, bodily injury, or physical pain on another person.
   (F) An attempt or conspiracy to engage in conduct described in
this paragraph.
   (2) "Consent" shall have the same meaning as provided in Section
261.6 of the Penal Code, except that it does not include consent
which is legally ineffective because of the age, mental disorder, or
developmental or physical disability of the victim.



1109.  (a) (1) Except as provided in subdivision (e) or (f), in a
criminal action in which the defendant is accused of an offense
involving domestic violence, evidence of the defendant's commission
of other domestic violence is not made inadmissible by Section 1101
if the evidence is not inadmissible pursuant to Section 352.
   (2) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
abuse of an elder or dependent person, evidence of the defendant's
commission of other abuse of an elder or dependent person is not made
inadmissible by Section 1101 if the evidence is not inadmissible
pursuant to Section 352.
   (3) Except as provided in subdivision (e) or (f) and subject to a
hearing conducted pursuant to Section 352, which shall include
consideration of any corroboration and remoteness in time, in a
criminal action in which the defendant is accused of an offense
involving child abuse, evidence of the defendant's commission of
child abuse is not made inadmissible by Section 1101 if the evidence
is not inadmissible pursuant to Section 352. Nothing in this
paragraph prohibits or limits the admission of evidence pursuant to
subdivision (b) of Section 1101.
   (b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered, in compliance with the
provisions of Section 1054.7 of the Penal Code.
   (c) This section shall not be construed to limit or preclude the
admission or consideration of evidence under any other statute or
case law.
   (d) As used in this section:
   (1) "Abuse of an elder or dependent person" means physical or
sexual abuse, neglect, financial abuse, abandonment, isolation,
abduction, or other treatment that results in physical harm, pain, or
mental suffering, the deprivation of care by a caregiver, or other
deprivation by a custodian or provider of goods or services that are
necessary to avoid physical harm or mental suffering.
   (2) "Child abuse" means an act proscribed by Section 273d of the
Penal Code.
   (3) "Domestic violence" has the meaning set forth in Section 13700
of the Penal Code. Subject to a hearing conducted pursuant to
Section 352, which shall include consideration of any corroboration
and remoteness in time, "domestic violence" has the further meaning
as set forth in Section 6211 of the Family Code, if the act occurred
no more than five years before the charged offense.
   (e) Evidence of acts occurring more than 10 years before the
charged offense is inadmissible under this section, unless the court
determines that the admission of this evidence is in the interest of
justice.
   (f) Evidence of the findings and determinations of administrative
agencies regulating the conduct of health facilities licensed under
Section 1250 of the Health and Safety Code is inadmissible under this
section.

Last post:

Rio Dell police officer posted bail, was out of custody and has retained private attorney Mr. Michael Robinson to represent him.

He was dressed in blue slacks and black pants for court. He had posted bail. People did not serve him with a protective order. His attorney asked the case be moved from Courtroom 3, early resolution to Courtroom 5, home court for a disposition and reset on August 26.

Mr. Robinson said they anticipate a jury trial. Only KAEF TV and I were in court. Channel 3 showed up later in Courtroom 2 looking for this case, where I was covering the Phoenix Campbell-Loya jury trial.

Mr. Robinson said his client waives time, because there is an extensive discovery, he requested the disposition and reset hearing in 60 days, said he anticipates motions and a jury trial.

Mr. Robinson requested the case be moved out of early resolution court and be moved to the home court. The defense also stipulated to a CAST agreement.

The victim was not present but victim witness representative was in court.

DDA Kelly Neel filed the complaint and is the prosecutor on the case.

Previous posts:

http://johnchiv.blogspot.com/2015/06/rio-dell-police-officer-charged-with.html
http://johnchiv.blogspot.com/2015/06/rio-dell-police-officer-arrested-for.html