Apr 30, 2018

Judge Kaleb Cockrum assigned to Kitchen trial, motion to continue granted but a trial date will be set next week


Yet another motion to continue Marci Kitchen's trial was filed last week by the defense in Marci Kitchen's case.

Marci Kitchen is being represented by Conflict Counsel Supervising Attorney Meagan O' Connell. The case is being prosecuted by Deputy District Attorney Stacey Eads.

Ms. O'Connell started her remarks by saying, " the motion is relatively vague." She added  "we are involved in ongoing investigation that is essential to Ms. Kitchen's case."

"As to one aspect, I have a different view than the previous attorneys," said Ms. O' Connell. Scheduling of a defense expert was also mentioned by Ms. O'Connell.

Ms. O'Connell told Judge Cockrum that she recently requested some records from the D.A's office.  "I only recently requested this discovery so it isn't the D A.'s fault."

"The People are opposed to this continuance," said Ms. Eads. She mentioned abscence of good cause and the right of the victims and their families to a speedy resolution.

Ms. Eads said the defense motion was vague."What is highly concerning is that on March 6 when private attorneys filed for withdrawl, there was representation that all discovery had been provided."

"It will be two years since the tragic collision that resulted in the death of these two young ladies," said Ms. Eads.

"This very situation is why the People were opposed to the motion to withdraw," said Ms. Eads. On March 6, the People even suggested to Visiting Judge Graham Cribbs that the court appoint Mr. Patrik Griego or Mr. Benjamin Okin to the case since lack of funds was cited as their reason for withdrawl.

Ms. Eads said that ghe discovery sought by defense was from two local law enforcement agencies. She said the records most likely do not exist and a response to the defense request would be quick. "The reports requested will not change the outcome of Ms. Kitchen's case."

Arguments presented in open court did not give sufficient information so Judge Kaleb Cockrum  closed the courtroom and heard from the defense all the reasons for the continuance. That portion of the court record will be sealed.

The courtroom was opened again for the ruling.

Judge Kaleb Cockrum did grant the motion to continue after hearing but he agreed and expressed some of the concerns raised by the Deputy District Attorney Stacey Eads.

"This case is a priority for me," said Judge Cockrum. He said defense had told him they believe the investigation would be completed in 6 weeks.

The defense requested one week to get a definite date from a defense expert. Judge Cockrum agreed saying that he did not want another motion to continue.

Towards the end of the court session,Ms. O'Connell addressing the Court, the People and the people in the audience said, "I want this to proceed as soon as possible as well."

On May 9, a trial date will be set for Marci Kitchen's trial. Dates will also be set for both attorneys to submit motions in limine and jury questionnaires.


Joe Kitchen was present with one supporter. Faith Tsarnas' family members who live locally were present. Marci Kitchen was present in court with a couple of people. I have not seen them before so I am assuming they are her parents.

Judge Cockrum suggested these possible dates for jury trial: July 9, July 16 and August 20.

Previous posts:
https://johnchiv.blogspot.com/2018/04/more-last-minute-filings-in-marci.html?m=1

https://johnchiv.blogspot.com/2018/04/anyone-surprised-another-request-by.html?m=1

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