I reported last week that Marci Kitchen's attorneys subpoenaed records from the Oakland Children's hospital. They filed a motion to continue, which will be heard at trial confirmation on Wednesday.
Judge Wilson told defense no more continuances. The case has been scheduled in front of Visiting Judge David Herrick in Courtroom 2.
The defense had since May when the preliminary hearing concluded to subpoena records. The defense already asked for the jury trial specifically to be held at this time due to their schedule. What good cause does the defense have now?
Judge Christopher Wilson has bent over backwards for Marci Kitchen and the defense, despite the People's objections. He needs to remember the law gives victims' rights as well.
Does Marci need to attend her boyfriend's grandmother's best friend cat's birthday party this time?
If the "rumor" is correct that Josh Pearlston and Marci Kitchen tied the knot before the preliminary hearing, maybe a delayed honeymoon in Mexico?
Judge Wilson also agreed to grant any travel requests by the defense in a closed courtroom or ex parte.
Previous post:
http://johnchiv.blogspot.com/2017/10/marci-kitchens-attorneys-subpoena.html?m=1
Some preliminary hearing posts:
http://johnchiv.blogspot.com/2017/05/watching-jevin-kitchen-testify-today.html?m=1
http://johnchiv.blogspot.com/2017/05/marci-throws-her-son-under-bus-in-court.html?m=1
http://johnchiv.blogspot.com/2017/05/there-were-buttock-prints-determined-to.html?m=1
http://johnchiv.blogspot.com/2017/05/do-you-recall-arriving-at-kitchen.html?m=1
http://johnchiv.blogspot.com/2017/05/finally-marci-kitchen-preliminary.html?m=1
Only some of the other extensive coverage on this case from July 2016 to present:
http://johnchiv.blogspot.com/2017/03/what-marci-wants-marci-gets-judge.html?m=1
http://johnchiv.blogspot.com/2017/03/marci-kitchen-getting-kiddy-glove.html?m=1
http://johnchiv.blogspot.com/2017/08/three-local-high-profile-fortuna-cases.html?m=1
http://johnchiv.blogspot.com/2017/06/marci-kitchen-jury-trial-scheduled-for.html?m=1
http://johnchiv.blogspot.com/2017/05/marci-kitchen-held-to-answer-on-all.html?m=1
http://johnchiv.blogspot.com/2016/07/search-warrants-in-fortuna-hit-and-run.html?m=1
Unfricking believable!!!😡
ReplyDeleteWhy would they get married? So he didn’t have to testify ago st her?!
ReplyDeleteThat what thought. Can't believe how this. Continues to go on.
DeleteFeeling so sorry for the families. I believe the defense is
Delaying the so the public will forget the horrific accident.
Yep
DeleteIt’s not rumor that they got married. They had a ceremony in the mattole valley complete with fire dancers!! And this was AFTER the “accident”! Who does that?! If you want to get married to avoid your boyfriend testifying against you, whatever, but having a freaking wedding and reception?!?! What the actual F**k!!!
ReplyDeleteit is unbelivable Some people just dont have a conscience
Delete🙄
ReplyDeleteShe must have a connection; knows the right people; hope her
ReplyDeletethe victims get justice; before the witnesses die of old sge.
Let me guess, they discovered some new pile of data (the ones they wanted from Children's Hospital perhaps?) and it's going to take 9 months to read through all 20 pages of it right? All the more time for her to hide assets and make her look destitute to the public. Court circus is about to start so a girl's gotta put on a good show, ya know. ~TMOB
ReplyDeleteAddendum.....lets subpoena Josh for any records of recent property or financial transactions. Anything of his that used to be Marci's? What man in his solemn, sound mind would marry her? Oh wait, when you live in Humboldt, you can't say "Stranger things have happened", because this keeps pushing the envelope. ~TMOB
ReplyDeleteYes there is a spousal testimonial privilege where the testifying spouse can refuse to testify against the other one. Doubt it would make a difference but it is worth noting that Josh would be called to testify about matters that occurred before they were married. The law is designed to keep intact marriages, which is why a spouse called to testify can waive it but the defendant spouse can not use it to prevent the other spouse from testifying. Otherwise any DV defendant could literally block their victim from testifying. The records are interesting. If Wilson denies the continuance then her lawyers will argue that it is IAC (Ineffective Assistance of Counsel) which could likely overturn a criminal conviction. They better have a good explanation as to why they did not obtain these records earlier. The DA could say, we still demand a timely trial and waive their pre-trial rights to obtain the documents 30 days in advance. Is this a stalling tactic or legitimate they need these and are not ready without them. You tell me. If I were a betting man, Wilson will grant the continuance.
ReplyDeleteI am curious to hear what their reasons for continuance are. May not be the records, better not be attorneys' schedule. They know this case is time waived and she is out of custody. They cannot play the ineffective counsel tactic forever. She has two attorneys. They have had since her arrest in July 2016 and her preliminary hearing in May 2017 to get their act together. As usual, they pulled the stunt of filing around a weekend,couple of days before trial confirmation so the file is already with the Judge. I wont say anymore about the records issue without knowing why they requested it but strategy of using that could backfire. They are trying to build a case for possible change of venue but it is their own actions and that of their client that is inflaming emotions. There is a record of all this so Judge Wilson better go strictly by the law and not just cave in to the defense for some lame reason. National eyes are on this case.
DeleteCurious as to why the mother would not already have the medical records, and why a subpoena is necessary. Can't a mother just request the records of her minor child? At the continuance, to show good cause, does a lawyer have to say why the why the records are needed, why now, and what could possibly be in the records that would make a difference? It seems all the coverage is pretty clear that the deaths were due to the acts of the defendant. Does the defense have to show the court that there is a good faith belief that the records will show that there was some massive intervening act of medical malpractice and that otherwise the victims would have lived? Is there a different standard for IAC when the defendant has hired a lawyer, instead of using a public defender?
DeleteThis pathetic POS needs to stand trial already. She sped around in her car and by all accounts appears to have been the driver who mowed the girls down. Enough with these delaying tactics. Reading all the medical reports won't bring justice. She needs a day of reckoning. Judge Wilson better stick to his guns.
ReplyDeleteHumboldt will lose it's worldly recognition as potville ,and be the County where courts were stalled for the longest record time ever in the great USA. Legal classes in law schools will bring up Kitchen's case as the worst court fiasco in America history. What a great reputation Wilson is gifting Humboldt.
ReplyDeleteyou won't read this on the north coast urinal
ReplyDeleteNo judge that says no more continuance should be allowed another and what pieces of SHIT lawyers they must all three be...God Bless Us All
ReplyDelete