A preliminary hearing for Jon Goldberg was scheduled for this morning at 9:45 a.m. in Courtroom 4.
Murder of Tim Smith was Count 1 and the only charge Goldberg was held to after the preliminary hearing. Count 2 and 3 were dismissed.
Tim Smith's wife, one of his sons, Timothy Smith Jr, as well as Fortuna Police Officer Ryan Richardson testified. The preliminary started at 10:50 a.m. and will continue at 1:30 p.m. In the afternoon, the preliminary ended by 1:40 p.m.
Deputy District Attorney Luke Bernthal is prosecuting the case. Goldberg is being represented by Public Defender Casey Russo.
Mr. Russo's cross examination was very effective. Jessica Springer, Tim Smith's wife testified that the victim's truck doors were not open, his son, Tim Smith Jr. testified a truck door was open. Fortuna Police did not start a scene log until 1:48 , a hour after the first officer arrived on scene. No search of the house, area or truck was done.
That is important because there is no clear evidence or testimony that Tim Smith's guns were in the house.
During cross examination of Springer, Mr. Russo got her to admit she initially kicked Tim Smith out of the house on September 26 and instead of going over to the Goldbergs, she invited Jon Goldberg to her house to discuss the naked pictures of Rachel Goldberg found on Tim Smith's phone. Jessica Springer did not tell Jon Goldberg that Tim Smith had returned home.
Six people including Smith's family members and friends were in court. Othr media included KIEM, LOCO and Mad River Union . TS showed up at 1:30 and preliminary was over by 1:40.
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