Sohum upskirting suspect David Nunez had trial confirmation scheduled this morning. The defense had requested their nth motion to continue.
Ms. Kathleen Bryson has appeared in court before for Nunez's attorney, Mr. William DuBois. She told Judge Dale Reinholtsen that Mr. Dubois was retiring due to a health issue. Another attorney is taking over his practice.
A substitution of attorney will be filed but the new attorney will not be able to do that in time for the jury trial.
"The People are opposed to this request for a continuance," said Deputy District Attorney Whitney Barnes. "The declaration does not state good cause."
"I was not informed prior to two days ago about any health issues," said Ms. Barnes. "This trial date was set in August. I told Mr. DuBois in June about witness availability".
"Now ten days before the jury trial is supposed to start", there is a request to continue the trial.
After Judge Reinholtsen said he needed more information, Ms. Bryson showed some medical records to Ms. Barnes.
"These medical records are from 2016, the last one is February 2017."
Judge Reinholtsen asked Ms. Bryson to get a supplemental declaration from Mr. Dubois addressing Ms. Barnes' concerns and providing him with more information.
He also wanted to know when the new lawyer would file the substition of attorney.
The motion to continue was continued until Friday, when trial assignment is scheduled for this case. On Friday, Ms. Bryson provided a supplemental declaration. Defense motion to continue was granted. Trial setting is scheduled for January 10, 2018.
"Given the nature of the allegations in this case, I need more information before moving the trial from December to Spring," said Judge Reinholtsen.
There have been so many continuances that I have not bothered to post all the updates for every hearing I attended.
Nunez is charged with three counts. Count 1 and 3 are PC 647 (j) (2). Count 2 is 647.6 (a) (1). The special allegation for Count 1 and 3 is that Nunez committed the alleged charges out of "sexual compulsion and the purpose of sexual gratification."
Previous posts:
http://johnchiv.blogspot.com/2017/07/yet-another-continuance-requested-by.html?m=1
http://johnchiv.blogspot.com/2017/06/sohum-upskirting-suspect-jury-trial.html
http://johnchiv.blogspot.com/2017/06/sohum-upskirting-suspect-yet-to-appear.html
http://johnchiv.blogspot.com/2016/10/sohum-upskirting-suspect-jury-trial.html?m=1
http://johnchiv.blogspot.com/2016/06/sohum-upskirting-suspect-delays.html?m=1
http://johnchiv.blogspot.com/2016/06/jury-trial-for-sohum-upskirting-suspect.html?m=1
http://johnchiv.blogspot.com/2016/04/sohum-upskirting-suspect-to-be.html?m=1
Good for Reinholtsen and the DDA. About time these endless continuance charades got called out.
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