Littlefield was not in court because he posted bail and signed a 977 form, which is a waiver of personal appearance for certain court hearings.
Addressing the Court of Appeals ruling and custodial status was scheduled this morning at 8:30 a.m. The hearing proceeded and the matter is continued to December 22 at 4 p.m. I just found out at 10:30 a.m. that now the hearing has been changed to 4 p.m. today, which was one of the options given to defense. Initially, Mr. Clanton said that would be impossible to achieve today.
Littlefield has been ordered to personally appear in court for the hearing today by Judge Feeney.
For now, Timothy Littlefield remains a free man. That could change today.
Judge Feeney asked that the issue of custodial status be addressed first.
From a May 2014 article in the North Coast journal:
"Timothy Floyd Littlefield was facing eight life sentences in state prison without the possibility of parole stemming from convictions on 11 child molestation charges when he stood before Humboldt County Superior Court Judge John Feeney last week at a sentencing hearing. Instead of sentencing Littlefield to serve 188 years to life, as he said was his intent, Feeney declared a mistrial in the case, finding juror misconduct"
This morning in court, DDA Bennett said that the Court of Appeals reversed the Court's decision of a mistrial. "The defendant is in the same position he was when he was convicted," she said. "He was convicted without the option for bail."
The People requested that Littlefield be remanded unless a motion was given for a new trial. DDA Bennett said that Littlefield had been convicted of 11 counts of sexual misconduct against a child and facing 150 years to life and that due to public safety concerns and possibility of flight risk, a bench warrant be issued.
Mr. Clanton was very upset and emotional in his responses. snapping at the prosecutor twice this morning. "We are invited to provide more evidence" of juror misconduct. "He's out on bail. He has made every court appearance. He has never failed to appear."
Ms. Bennett said that it has been the People's position that Littlefield be in custody. Mr. Clanton responded, "There is no practical reason, this is predatory."
Judge Feeney asked Mr. Clanton if he intended to present additional evidence. Mr. Clanton told Judge Feeney there is additional evidence. "It exists. I have met with the investigators and Mr. Littlefield. I have 45 days to present that evidence to the Court. We have no intention of dragging this matter. We would like to get this to conclusion."
Ms. Bennett said that most of the time when Littlefield appeared in court, he was in custody. Ms. Bennett cited Penal Code 1166.
From http://www.leginfo.ca.gov:
1166. If a general verdict is rendered against the defendant, or a special verdict is given, he or she must be remanded, if in custody, or if on bail he or she shall be committed to the proper officer of the county to await the judgment of the court upon the verdict, unless, upon considering the protection of the public, the seriousness of the offense charged and proven, the previous criminal record of the defendant, the probability of the defendant failing to appear for the judgment of the court upon the verdict, and public safety, the court concludes the evidence supports its decision to allow the defendant to remain out on bail. When committed, his or her bail is exonerated, or if money is deposited instead of bail it must be refunded to the defendant or to the person or persons found by the court to have deposited said money on behalf of said defendant.
No other media was in court. There is a disposition and reset hearing currently set for January 7, 2016 if there will be a third trial.
Review of appellate hearing and custody status scheduled in Timothy Littlefield's case for tomorrow
Tomorrow morning at 8:30 a.m. in Courtroom 1, the Humboldt County District Attorney's office has a hearing scheduled to review the appellate hearing and custody status in the Timothy Littlefield case.
The parties will appear before Judge John Feeney.
A disposition and reset hearing, if there is a third trial is currently set for January 7, 2016 at 2 p.m. in Courtroom 5.
The parties will appear before Judge John Feeney.
A disposition and reset hearing, if there is a third trial is currently set for January 7, 2016 at 2 p.m. in Courtroom 5.
Dec 15, 2015
Appellate court reverses Littlefield mistrial decision by Judge Feeney
I have been following this regularly.
DA's Press Release (as of 4:53 p.m.]
Today the First Appellate District of the State of California, Division One, reversed the Humboldt County Superior Court ruling in People v Timothy Littlefield which granted the defendant a new trial. In 2013 a jury found the defendant guilty of all charges related to his sexual misconduct with a child under 10 years of age.
The defense filed a motion for a new trial based on a declaration by a juror that addressed his mental processes during jury deliberations. The trial court conducted a hearing during which the juror recanted the declaration, stating he had not personally written it nor read it carefully before signing it. Nevertheless, the trial court granted the motion for a new trial.
The appellate court reversed the trial court and found the juror’s declaration irrelevant in assessing the validity of the verdict. The appellate court further stated: “…we think the appropriate remedy is not to affirm the order setting aside the verdict based solely on irrelevant evidence and speculation about what defendant could have proved, but to remand for further proceedings to determine whether relevant and admissible evidence of jury misconduct actually exists.”
The District Attorney’s Office is requesting that the hearing outlined by the Court of Appeals be completed as soon as the trial court is available.
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