Oct 25, 2017

Despite objections by the People and the victims, the defense motion to continue Marci Kitchen's trial was granted

Marci Kitchen had a trial confirmation hearing scheduled this morning. A motion to continue the jury trial was filed by the defense. After hearing oral arguments from both attorneys, Retired Judge Bruce Watson granted the defense motion.
The defense requested the motion to continue based on new information in MAIT (Multidisciplinary Accident Investigation Team) reports.  Mr. Benjamin Okin, one of Kitchen's attorneys, said that speed analysis is new information contained in these reports.

The defense claimed "there is no way" they could be ready by November 13 having just received the reports.

Mr. Okin also said that there is a possibility a request for change of venue would be filed.

Jury trial  for November 13 was vacated.
Setting in two weeks on November 14. An estimate of a month with full days in court was given by the defense.

Kitchen was not in court. Her personal appearance not required because a 977 form is on file.

Deputy District Attorney Stacey Eads said the victims also have a right to a speedy trial and that it is way past the one year anniversary of Kiya Kitchen and Faith Tsarnas' deaths.

Deputy District Attorney Stacey Eads is prosecuting the case. Mr. Patrik Griego and Mr. Okin are representing Marci Kitchen.

 Joe Kitchen was in court with his attorney, Mr. Zachary Zwerdling and supporters. The Tsarnas family was in court. For Marci Kitchen, the only obvious supporter present was Mel Pearlston, Josh Pearlston's father and local attorney.

Reporters from Times- Standard, KIEM (Channel 3), and LOCO were present in court.

Previous post:
http://johnchiv.blogspot.com/2017/10/readers-even-you-predicted-it-and-at.html?m=1
(with several links to previous coverage)

6 comments:

  1. just give it up already your license plate number is tattooed on that poor girls butt you could move the venue to a six grade kangaroo court and be convicted. The defense and Mr. Peralston are making asses of themselves for even being around this vile human.

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  2. Okins just doing his job, bleeding his client dry. Zwerdling won't have much to go after in civil court, but he'll clean up on the insurance company's

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  3. I predicted this would be granted. When Defense claims they are not ready, God and his Deputies could object and a continuance will be granted. John, how often am I wrong? I do hope that the Judge really explored in depth why the Attorneys were not ready and was this feet dragging to delay the inevitable or was it real?

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    1. Judge Watson did zip. He asked what is new in the report? Then he said, many people are busy. I suppose that was his way of telling the defense, don't drag it out. After that he granted the continuance. He did not ask if the victims' families, who were in court, wanted to speak. Or if their lawyer would speak on their behalf. He did not tell the defense, no more delays. He did not ask is all discovery in? He did not tell the defense have you checked and confirmed the schedule of your experts? On November 14, we will set a date; no more continuances. Marci Kitchen can travel out of the country if she wants with that decision being decided by a Judge privately. She could be gallavanting about right now. As I said, the Judges have handled Marci with kid gloves. Judge Hinrichs did, Judge Wilson did and Judge Watson has been the worst. Change of venue is not going to do any good when this story has garnered national attention. The longer they drag this out, the more attention this case will get outside Humboldt. Warren and Bullock were able to get juries and excellent ones. At the rate Marci and her lawyers are dragging it out, they think memories are fading. All they are doing is getting people to pay more attention. Having sat in on many jury selections, most of the people who get called in Humboldt County barely remember any specifics of high profile cases because they are not reading in depth coverage. Unless the defense can put someone else behind the wheel, and even if they do, Marci would still be a passenger,what are their experts going to prove? She left the scene of an accident and she knew she hit something/simeone with her Jeep. The defense is not disputing that nor did they prove different at the preliminary. Has any local defendant gone free based on boring expert testimony about accident reconstruction? Hours and hours of theory which does not prove anyone's innocence. Nice show but failed with Bodhi Tree, failed with Warren so why would this case be different?

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  4. From reading the articles in the papers and the comments here and in other papers, it looks like the accused may have been
    selling dope some of the high ups in the county; that's probably why she isn't getting punished for what she did. The accused
    and the guy in the car, Josh apparently are big time dope dealers. If those 2 have something on the high ups in the county,
    that may be why they aren't being punished. Very corrupt.

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    1. There has been no coverage in any papers or sites about the defendant or Trent Stewart, the passenger in the car or Josh Pearlston selling dope. Are you saying you know something or are you saying based on the coverage of this case, you think there is corruption? Either way, there has to be evidence for claims, not assumptions.

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