Lindsay Kaminsky, the Arcata woman charged with stabbing her husband, Glenn Kaminsky who did not want the case prosecuted. He has been there for every court hearing.
The case was originally set before Judge John Feeney for sentencing. He is in Garberville today. His cases were moved to Courtroom 5. Not seeing Lindsay Kaminsky or her lawyer. I had to wander around the second floor to discover the case being called in Courtroom 4. I told her husband.
We were not privy to the last minute change via email between the Judges, last minute. Even the lawyers did not know until the last minute.
The case is now being prosecuted by Deputy David Christensen. Manny Daskal is representing Lindsay Kaminsky.
The case may eventually be settled as a wobbler. This information was not mentioned in court this morning but information I have. It was explained to Mr. Kaminsky that a wobbler is a when a felony reduced to misdemeanor with probation. This is what he wants the DA's office to do and has been requesting.
Lindsay Kaminsky plead to an added count 3 which was added, assault by means of force most likely to reduce bodily injury.
Count 1 inflict corporal injury on a spouse/cohabitant with a special allegation use of deadly weapon and Count 2 assault with a deadly weapon other than firearm were dismissed.
Lindsay Kaminsky entered an Arbuckle waiver. If the plea is rejected by the sentencing Judge, which will be Judge Joyce Hinrichs, Lindsay Kaminsky faces a potential prison term of 2 years which is lower term, 3 years which is mid term, or 4 years which is the maximum. If probation is violated, she will get the maximum prison term.
DDA Christensen gave the factual basis for the charge. In June 2015, Lindsay Kaminsky stabbed her husband in the neck with a knife. Before accepting the plea, Judge Cissna asked Mr. Christensen, "Why is your office reducing serious charges like this and making this offer?"
DDA Christensen said, "The defendant, Ms. Kaminsky does not have a significant criminal record, she has a misdemeanor DUI in New York. The alleged victim, Mr. Kaminsky since Day 1 has wanted a misdemeanor resolution. He feels his wife suffered a mental episode and this was unusual circumstances." Glenn Kaminsky feels there were emotional and psyschological issues and wants his wife to get help.
Glenn Kaminsky wanted the no contact order dropped today so he could see his wife in jail. Judge Cissna said that normally notice is given and that he is not familiar with the case and was not going to make that decision today. He said that the request could be put on calendar or addressed at sentencing.
Judge Cissna told Lindsay Kaminsky that after he refers this matter to probation for a pre-sentencing report, Judge Hinrichs can follow their recommendation, accept the plea or reject the plea. He advised her of the rights she was giving up. That she could face a potential fine up to $10,000. Probation could be up to five years. She would have to pay restitution to the victim, "if there was any requested" and there would be a mandatory restitution fine ranging anywhere from $300 to $10,000.
Sentencing will be on December 22 at 2 p.m. in Courtroom 5.
No other media was in court this morning or has been following this case after the initial headlines.
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