Jan 11, 2018
Despite being told a week ago to file for disqualification if he wished, Russ Clanton waited until this morning to disqualify Judge LaCasse for Carpathian's prelim
Last week, Judge LaCasse specifically stated that if either attorney wanted to disqualify him, they should do so as soon as possible, since this case needs to be heard by a Visiting Judge.
In any other case, disqualifying one Judge is not a big deal.
Court clerk John Beideman's preliminary was scheduled for January 11 and assigned to Visiting Judge Leonard LaCasse in Courtroom 4.
All this was done off record, attorneys met in a closed coutroom before calling cases on record for preliminary hearings today. Since when is the preliminary calendar include having informal discussions "off the record?"
They did not even bother to call the Beideman calendar on record. It was reassigned to Courtroom 6. I happened to check on that and let TS' Will Houston and LOCO's Rhonda Parker know and we barely made it to Courtroom 6 to hear the discussion on the case being reset.
The People rightfully disqualified Judge Elvine-Kreis. He was a public defender, until recently. Some public defenders are very friendly with some private defense attorneys. All other Humboldt Superior Court Judges disqualified themselves. Judge Elvine-Kreis refused to do so. To say he would be impartial is Judge Elvine-Kreis' opinion.
And, while some may feel he can be impartial, it is too soon for him to be presiding over criminal cases and high profile cases.
If Russ Clanton had done what he was supposed to last week, this mess could have been avoided. After creating the problem, in typical Russ Clanton theatrics, he complains about the case being reset and wanting a date as soon as possible.
So now, we have to wait until February 15 and see if this preliminary goes. Intervention is scheduled on February 9.
Beideman is charged with six felony counts. Four counts of PC 288.7(b), oral copulation/penetration on a child under 10, these allegedly happened between 2006 and 2009. Two counts of PC 288 (a), lewd acts with a child under 14. These allegedly happened between 2004 and 2009.
(with links to all other coverage on this case)
(contains details about alleged abuse of Jane Doe)
California Civil Procedure 170.6