Will there be a mistrial? Will Counts 1 to 11 be dismissed which relate to Jane Doe #1? Leaving only Counts 12 and 13 for Jane Doe #2/
Will the ruling by Judge John Feeney today in favor of a defense motion force the People to forcibly arrest an alleged rape victim to testify?
This morning at 8:30 a.m., Judge John Feeney heard from both Deputy District Attorney Stacey Eads and Lusk's attorney, Conflict Counsel's Mr. Greg Elvine-Kreis. Compelling arguments from both and then one ruling by Judge John Feeney.
Jane Doe #1 did not appear for the preliminary hearing or the jury trial. Judge Feeney had to decide whether certain statements made by her could be presented. The defense argued that Lusk had the right to confront his accuser.
Describing Jane Doe as a woman who travelled the world, now afraid to leave her trialer in Southern Oregon and return to Humboldt after what Lusk allegedly did to her, DDA Stacey Eads described what Jane Doe #1 told the civilian who helped her contact law enforcement and the first officer on the scene in spontaneous utterances.
She was distraught, with hardly any clothing on as she ran up to the vehicle of the civilian witness.
"When you have been held captive for four days, beaten, raped, burned, forced to orally copulate" the defendant every day is one statement Ms. Eads made describing what Jane Doe said when she was finally able to get away from Lusk.
Jane Doe made a thanked the civilian witness after he offered her water, saying, "I haven't had water for days. He forced me to drink his urine."
Another ruling whether the defense request for a mistrial claiming the jury has been tainted by the jury questionnaire or a dismissal of Counts 1 through 11.
Oct 18, 2016
Jury selection starts for Thomas Lusk charged with 13 counts including torture, human trafficking and forcible rape
Jury selection started today at 9:15 a.m. in the Thomas Lusk case. Judge John Feeney, Deputy District Attorney Stacey Eads, Conflict Counsel's Mr. Greg Elvine-Kreis and Lusk went over the first batch of hardship questionnaires this morning. This will be followed by people filling out long questionnaires and questioning if individual jurors request privacy for some answers.
A trial confirmation hearing was scheduled for Thomas Lusk this afternoon. The jury trial will proceed as scheduled.
Subpoenaed records from the Jerod Phelps community center were given to Deputy District Attorney Stacey Eads, who will provide copies to the defense.
The trial estimate is 3-4 weeks. Trial assignment is on October 14.
He is the Miranda man charged with 13 counts include torture, human trafficking, forcible rape, sexual penetration, assault and forcible oral copulation.
Previous post (with all coverage):
http://johnchiv.blogspot.com/2016/10/jury-trial-for-miranda-man-charged-with.html?m=1
Oct 6, 2016
Jury trial for Miranda man charged with 13 counts including torture, human trafficking and forcible rape confirmed
A trial confirmation hearing was scheduled for Thomas Lusk this afternoon. The jury trial will proceed as scheduled.
Subpoenaed records from the Jerod Phelps community center were given to Deputy District Attorney Stacey Eads, who will provide copies to the defense.
The trial estimate is 3-4 weeks. Trial assignment is on October 14.
He is the Miranda man charged with 13 counts include torture, human trafficking, forcible rape, sexual penetration, assault and forcible oral copulation.
Previous post (with all coverage):
http://johnchiv.blogspot.com/2016/10/jury-trial-for-miranda-man-charged-with.html?m=1
i have to wonder just where the hell our society made the wrong turn that we can see in the handling of court cases, looking at the way laws are interpreted to protect the accused.
ReplyDeletelaw is just become a semantics game.
i have a 2 yr AA paralegal degree. a real one from going to a real brick and mortar school.
worked 2 yrs in the field and became so disillusioned i dropped out.
no, it wasn't only the pantyhose that got to me...
no justice.
just us.