August 15 is the new jury trial date. Trial confirmation is July 18 at 2 p.m.
Deputy District Attorney Stacey Eads was present for the People. Mr. David Celli present for Mr. Russ Clanton.
Feb 1, 2016
Second jury trial set for John Bullwinkel charged with 5 counts against minor victims, Judge Cissna denied defense motion to reduce the $400,000 bail
John Bullwinkel was out of custody before his first jury trial. He remains out of custody. His bail was set at $400,000.
Today, at 4 p.m. there was a hearing before Judge Timothy Cissna on a motion filed by Bullwinkel's attorney, Mr. Russ Clanton, to reduce bail. Today, was also a disposition and reset hearing for the second jury trial.
After hearing from Mr. Clanton and then Deputy District Attorney Brie Bennett on the motion to reduce bail, Judge Cissna denied the defense motion to reduce bail. Bullwinkel waived time and due to Mr. Clanton being in several upcoming jury trials, the second jury trial is set for May 9 at 8:30 a.m., Trial Confirmation is April 25 at 2 p.m.
Judge Cissna asked Ms. Bennett if the victims had been notified regarding today's motion for bail reduction. She said they had been through victim witness advocates.
"People oppose the bail reduction," said Ms. Bennett. "The defendant still faces five counts. " Ms. Bennett then listed each count and the amount for that count according to the bail schedule. She also said that the special allegations for each count were "life counts."
Referring to the testimony of Jane Doe #1 that Mr. Clanton referred to in his argument, Ms. Bennett said, "this is an incident involving a young child. Few years have passed before the trial took place. Her memory was clearer when she did the CAST interview."
Before he ruled, Judge Cissna said that the amounts Ms. Bennett were correct. He said the bail schedule does address when the defendant is charged with two or more offenses, but since he was not the trial judge, "whether this occurred in a single incident or multiple incidents" he did not know. The 667.61 (j) (2) allegations are life sentences and each allegation would increase bail to 1 million for each count.
"When I look at the offenses charged, the bail schedule is in excess of $400,000 and this does not even include the million for life sentences," said Judge Cissn. The People did not ask for an increase in bail, there is only a defense motion to decrease bail." And then he denied the defense motion.
Today, at 4 p.m. there was a hearing before Judge Timothy Cissna on a motion filed by Bullwinkel's attorney, Mr. Russ Clanton, to reduce bail. Today, was also a disposition and reset hearing for the second jury trial.
After hearing from Mr. Clanton and then Deputy District Attorney Brie Bennett on the motion to reduce bail, Judge Cissna denied the defense motion to reduce bail. Bullwinkel waived time and due to Mr. Clanton being in several upcoming jury trials, the second jury trial is set for May 9 at 8:30 a.m., Trial Confirmation is April 25 at 2 p.m.
Judge Cissna asked Ms. Bennett if the victims had been notified regarding today's motion for bail reduction. She said they had been through victim witness advocates.
"People oppose the bail reduction," said Ms. Bennett. "The defendant still faces five counts. " Ms. Bennett then listed each count and the amount for that count according to the bail schedule. She also said that the special allegations for each count were "life counts."
Referring to the testimony of Jane Doe #1 that Mr. Clanton referred to in his argument, Ms. Bennett said, "this is an incident involving a young child. Few years have passed before the trial took place. Her memory was clearer when she did the CAST interview."
Before he ruled, Judge Cissna said that the amounts Ms. Bennett were correct. He said the bail schedule does address when the defendant is charged with two or more offenses, but since he was not the trial judge, "whether this occurred in a single incident or multiple incidents" he did not know. The 667.61 (j) (2) allegations are life sentences and each allegation would increase bail to 1 million for each count.
"When I look at the offenses charged, the bail schedule is in excess of $400,000 and this does not even include the million for life sentences," said Judge Cissn. The People did not ask for an increase in bail, there is only a defense motion to decrease bail." And then he denied the defense motion.
Jan 15, 2016
Jury "hopelessly deadlocked" in John Bullwinkel case on 5 counts; mistrial declared; not guilty decision on Count 7
Wednesday at 11:30, the jury started deliberating in the John Bullwinkel case. They just came back with a verdict.
The jury was "hopelessly deadlocked" on Counts 1 through 5. Judge Miles declared a mistrial on those 5 counts.
Count 7 they found Bullwinkel not guilty, including on all lesser charges.
Count 6 was dismissed on January 11, 2016.
Seven women, five men in the jury. The jury took at least three votes, said the jury foreperson.
On Counts 1, 2 and 3, eight guilty, four not guilty; Counts 4 and 5 five guilty and seven not guilty.
Prosecutor was Deputy District Attorney Brie Bennett. Bullwinkle was represented by Mr. Russ Clanton. Defense investigator was Adam Laird.
The jury was "hopelessly deadlocked" on Counts 1 through 5. Judge Miles declared a mistrial on those 5 counts.
Count 7 they found Bullwinkel not guilty, including on all lesser charges.
Count 6 was dismissed on January 11, 2016.
Seven women, five men in the jury. The jury took at least three votes, said the jury foreperson.
On Counts 1, 2 and 3, eight guilty, four not guilty; Counts 4 and 5 five guilty and seven not guilty.
Prosecutor was Deputy District Attorney Brie Bennett. Bullwinkle was represented by Mr. Russ Clanton. Defense investigator was Adam Laird.
Jan 11, 2016
54 year old man charged with 7 counts of sexual offenses against minor victims including aggravated sexual assault, if convicted faces 25 years to life
John Frederick Bullwinkel, 54 years old is charged with seven counts of sexual offenses against a minor. His jury trial is currently ongoing . Trial Judge is Judge Marilyn Miles; prosecutor is Deputy District Attorney Brie Bennett; Bullwinkle is represented by private attorney Russ Clanton.
The special allegations in the complaint allege that there is more than one victim.
Bullwinkel is charged with Count 1 aggravated sexual assault of a child, with special allegation of PC 667.61 (j) (2) and (e) and 667.61 (c); Count 2 Forcible Lewd Act on a Child, same special allegation; Count 3 Prevent/Dissuade/Witness/Victim/Force/Threat; Count 4 Lewd or Lascivious act with child under the age of 14, same special allegation; Count 5, 6 and 7 Forcible Lewd Act on a Child, same special allegation.
The special allegations in the complaint allege that there is more than one victim.
Bullwinkel is charged with Count 1 aggravated sexual assault of a child, with special allegation of PC 667.61 (j) (2) and (e) and 667.61 (c); Count 2 Forcible Lewd Act on a Child, same special allegation; Count 3 Prevent/Dissuade/Witness/Victim/Force/Threat; Count 4 Lewd or Lascivious act with child under the age of 14, same special allegation; Count 5, 6 and 7 Forcible Lewd Act on a Child, same special allegation.
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