Aug 4, 2017
Defense 995 motion in Mario Nunez case denied, both murder count and special allegation
Visiting Judge Robert Crone ruled today to deny the defense motion in Mario Nunez's case.
Judge Crone said that the Court agreed that the standard to rule on such motion was the same standard put forth by the People in their response to the 995 motion. Judge Crone cited the specific page and lines.
A motion to set aside Count 1 for Mario Nunez, one of three remaining suspects, was scheduled for July 31. Both attorneys presented oral arguments on that date.
Judge Crone had read the attorneys' pleadings before the case was called on July 31. The preliminary transcript had not been provided to him so with agreement, he said he would rule on the 995 motion on August 4 at 8:30 a.m.
Today, Judge Crone said he reviewed the highlighted portions of the preliminary transcript that both attorneys had highlighted as well as the entire transcript.
He said since attorneys had not requested he view exhibits, he did not, asked if they wished he do so before ruling. Nunez's attorney, Mr. David Celli, asked Exhibit 15 presented by the People be reviewed. Judge Crone took a small break and reviewed all transcripts.
Nunez is charged with Count 1 murder with special allegation that he was an active gang participant at the time and the murder was committed to further activities of the criminal street gang.
The case is being prosecuted by Deputy DA Luke Bernthal.
(oral arguments presented in the above link. No other media was at the last court hearing. No other media was in court today).