Judge Timothy Cissna accepted the conditional plea from Lindsay Kaminsky and she will be released today to go home and be reunited with her husband, Glenn Kaminsky, the victim in this case.
Three years of formal supervised probation. Instead of a 52 week batterer's program generally required in domestic violence cases, in this case, Judge Cissna found good cause to order individual and mental health counseling related to domestic violence. Compliance will be monitored by probation.
Judge Cissna said that counseling would be "beneficial to the victim, Ms. Kaminsky and society. " Judge Cissna said his decision was based, "given the mental health factors and circumstances leading up to the case and comments from Ms. Kaminsky and the victim."
There were several terms of probation added and modified by Judge Cissna. The existing CLETS order will be modified to a conduct order and served on January 14 at 4 p.m. in Courtroom 4.
Deputy District Attorney Jackie Pizzo was present for the People today since DDA David Christensen is currently in an all day jury trial. Mr. Manny Daskal was present with Lindsay Kaminsky.
Mr. Kaminsky did not wish to address the court.
Nov 20, 2015
Lindsay Kaminsky, charged with stabbing her husbands enters plea for reduced charge and felony probation
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.
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.
On 06/05/2015 at approximately 0806 hours, the Arcata Police Department responded to the 1000 block of 14th Street for the report of a male subject that had just been stabbed in the throat.
Upon officer’s arrival, they located the male victim conscious and alert. The male identified the suspect as Lindsay Kaminsky (25 years of Arcata). The suspect fled the residence prior to police arrival, but was quickly located in a nearby park. The victim was transported to Mad River Community Hospital where he is in serious condition.
Kaminsky was booked at the Humboldt County Correctional Facility for the following charges:
P.C. 245(a)(1) – Assault with a Deadly Weapon
P.C. 273.5(a) – Domestic Violence.
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