Classic case of where just because you can drag a case out, why not milk the system; another molestation victim comes forward and Viveiros defense asks for yet another delay

One day after trial confirmation, on August 25, the defense filed a motion to continue in the David Viveiros case. That motion was filed 8/25; it was  heard on Sept 1 in Courtroom 5 at 2 p.m.

Viveiros is charged with seven counts of alleged sexual acts with a minor. Viveiros was charged in June 2015.

This is the second continuance by the defense. There have been continuances to disposition and reset, again by the defense.

At pre trial, the Judge specifically asked if there would be any issues before setting dates for the jury trial.

There has only been one continuance requested by the District Attorney's office early on in the case.

Deputy District Attorney Stacey Eads is prosecuting the case. Public Defender Mr. Luke Brownfield is representing Viveiros.

Visiting Judge Robert Crone did grant the defense continuance which was opposed by the People. A setting date of September 13 has been scheduled.

Mr. Brownfield told Judge Crone, "The expert could not get back to us." According to Mr. Brownfield, the expert is on a federal jury; after talking with the expert, Mr. Brownfield said more investigation needs to be done. "I was going to ask for a three week continuance but given new information from the People, I am going to ask for a setting."

Ms. Eads responded, "Based on a general statement, this is not a good cause for a continuance." Ms. Eads brought up the fact that the expert issue has been addressed at previous court hearings and added, "This trial date was set to accommodate the expert witness weeks ago."

"We met yet another molestation victim last week," said Ms. Eads. "That report is being prepared. and we will be presenting it, according to evidence code 1108." Ms. Eads said that the victims had been notified according to Marsy's law about the continuance request.

"Considering the evidence we have, this case should resolve."

Jul 21, 2016

Jury trial confirmed for David Viveiros charged with sex/sodomy and oral copulation/penetration and aggravated sexual assault of a minor

A pre-trial hearing was scheduled for David Viveiros yesterday in Courtroom 5. Deputy District Attorney Stacey Eads and Public Defender Ms. Meagan O' Connell confirmed the jury trial for September 6.

Ms. O'Connell was appearing on behalf of her colleague, Mr. Luke Brownfield. She said there were no "expert availability issues" that she had been made aware of by Mr. Brownfield.

A trial confirmation date is set for August 24.

Apr 23, 2016

Yet another defense request continuance for David Viveiros charged with sex/sodomy and oral copulation/penetration and aggravated sexual assault of a minor

A disposition and reset hearing was scheduled April 19 for David Viveiros. It was continued at the defense request and the new date for another disposition and reset is May 17.

Jan 7, 2016

Jury trial for David Viveiros charged with sex/sodomy and oral copulation/penetration and aggravated sexual assault of a minor child delayed due to defense expert availability

Defense requested a continuance for setting of trial date for David Viveiros' jury trial to "determine defense expert availability." Public Defender Meagan O' Connell subbed in for her colleague, Mr. Luke Brownfield who is representing Viveiros. Deputy District Attorney Stacey Eads is prosecuting the case.

On January 6, the People wanted "dates to be set as soon as possible". Judge Joyce Hinrichs granted the defense motion to continue. Dates were set on a time waived basis. Pre-trial is set for February 3, Trial Confirmation for March 21 and Jury Trial for April 4 at 8:30 a.m.

Nov 6, 2015

Jury trial set for David Viveiros charged with sex/sodomy and oral copulation/penetration with a child under 10 and aggravated sexual assault of a child under 14

For the jury trial that is scheduled for December 28, Viveiros was arraigned on seven Counts.

Count 1 is sex/sodomy with a child under 10, Count 2 is oral copulation/penetration with a child under 10, Count 3 is sex/sodomy with a child under 10, Count 4 is sex/sodomy with a child under 10, Count 5 is sex/sodomy with a child under 10, Count 6 is sex/sodomy with a child under 10 and Count 7 is aggravated sexual assault of a child under 14 years.

Times was not waived. Pre-Trial hearing on November 30 at 2 p.m. . Trial Confirmation is December 14 at 2 p.m.

Deputy District Attorney Zachary Curtis was present for the People. Public Defender Ms. Meagan O' Connell subbed in for her colleague Luke Brownfield, who is representing Viveiros.

David Viveiros was held to answer on charges after his preliminary hearing, the People did not ask for certain counts to be held. These counts were for sex/sodomy with a child under 10 and oral copulation/sexual penetration with a child under 10.

Before the preliminary hearing, David Viveiros was charged with 16 counts of alleged sexual acts with a child under the age of 10 PC 288.7 (a).

Counts 1 and 2 sexual intercourse/sodomy; Count 3 oral copulation/penetration; Count 4 and 5 sexual intercourse/sodomy; Count 6 oral copulation/penetration; Count 7  and 8 also sexual intercourse/sodomy; Count 9, 12 and 15 oral  copulation/penetration; Count 10, 11, 13 and 14 sexual intercourse/sodomy and Count 16 is aggravated sexual assault of a child under 14.

All charges are the same victim.

He is charged with 16 felonies and additional allegations against him which are serious felonies/strikes."

He also had a CLETS protective order served on him in court.

Previous posts:

johnchiv.blogspot.com/2015/10/preliminary-hearing-for-man-charged_14.html
johnchiv.blogspot.com/2015/10/preliminary-hearing-for-man-charged.html
http://johnchiv.blogspot.com/2015/09/dna-discovery-causes-continuance-for.html
http://johnchiv.blogspot.com/2015/08/county-counsel-files-motion-to-quash.html
http://johnchiv.blogspot.com/2015/06/man-charged-with-16-counts-of-alleged.html
http://johnchiv.blogspot.com/2015/06/david-viveiros-charged-with-sexual.html