Judge Feeney granted the People's motion to join the one case which will be going to preliminary hearing. In another case in which preliminary hearing was held this August, Mr. Dollison said "there were two counts. As to Count 1, the Court reduced a possession of stolen property, to wit a cell phone, to a misdemeanor. The complaint failed to allege and the people failed to prove a value over $950. As to Count 2, identity theft, the court held both to answer. The Court commented at this stage evidence was pretty slim and said these cases are extremely difficult to prove. "
Cunha and Hamline waived their preliminary hearing in one large case and one small case. Charges from one of those cases were dismissed and added to the case for which the motions were heard on November 29.
Regarding the demurrer, here is another example of why Prop 47 is a disaster. Cunha and Hamline have been in prison previously, they have served time, they have lengthy criminal history. All three public defender offices have had conflicts because of their record and private attorneys had to be appointed.
Judge Feeney's tentative decision was his final decision regarding the demurrer. He heard arguments from all three attorneys.
"I think it is safe to say that no one will be pleased with the Court's decision," said Judge Feeney. Judge Feeney said that he sustained defense's claim regarding the counts and that each amount was less than $950 but he said the people could amend the information. He said the same about the non-sufficient funds which were less than $950. "People can amend these to misdemeanors or file them as a single amount."
To sum up what Mr. Dollison said about the outcome on November 23, there were 19 counts against Cunha in this case that were felonies and 4 counts against Hamline that were felonies. "Those 23 felonies were reduced to 23 misdemeanors."
You can read the links below for details on about the demurrers.
If you have forgotten who they are, here is the most recent press release resulting in their arrest.
EPD Release:
On 07/21/15 at about 3:54 p.m., Officers with the Eureka Police Department conducted a routine traffic stop at the 1000 block of Broadway. The two occupants were quickly identified as known serial thieves, James Cunha 43, and Rebecca Hamline 32, both of Eureka.
Cunha and Hamline were taken into custody for active wants based on probable cause for recent theft and vandalism cases. At the time of the traffic stop, Cunha was also a suspect in a pending call for service regarding check fraud.
Cunha and Hamline were transported and booked into the Humboldt County Correctional Facility for conspiracy to commit burglary, felony vandalism, and possession of burglary tools. A bail enhancement was sought and obtained for $250,000 each.
Additionally, the District Attorney’s Office is compiling a master case encompassing dozens of crimes throughout the county committed by Cunha and Hamline. They were arrested on some of those charges on 07/08/15 and booked into Del Norte County Jail. They were released on their own recognizance.
Cunha and Hamline both have prior convictions for conspiring together to commit burglary, theft, forgery, and fraud and have both served time in prison.
Previous posts:
http://johnchiv.blogspot.com/2015/10/the-demurrer-that-could-let-rebecca.html
http://johnchiv.blogspot.com/2015/10/will-district-attorneys-master-case.html
It's fair to say that The Three Strikes law - and its intent, have been gutted. Then Prop 47 delivered the death blow to the zombie.
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