A defense motion to continue the jury trial for court clerk John Beideman was scheduled at the same time as trial assignment this morning.
Beideman is charged with molesting his former stepdaughter.
Visiting Judge Douglas Mewhinney read an excerpt from the declaration filed by defense. On April 13, defense received 50 files on a thumb drive, some recovered from Beideman's phone. Defense had requested a two week continuance due to "late discovery."
Mr. David Celli appeared for Beideman's attorney, Russ Clanton. Deputy District Attorney Carolyn Schaffer was present for Deputy DA Stacey Eads who is prosecuting the case.
Ms. Schaffer, after conferring with the investigator on this case, provided a detailed email record that the People made all efforts to provide this discovery and defense was aware of the discovery and nature of discovery in February.
"The defendant has access to this discovery for months," said Ms. Schaffer. She read an email sent on February 15 from Ms. Eads to Mr. Clanton.
That email mentioned discovery which the People wanted to provide to the defense. It included a box of handwritten letters from Beideman to Jane Doe, family law pleadings and pornographic images recovered from Beideman's cell phone and other electronics.
Ms. Eads told Mr. Clanton that if he wanted to view the evidence that he should provide an external hard drive due to the volume of the discovery.
On April 10, an email from Ms. Eads to Mr. Clanton, "I don't believe I have received a response to the last email."
On April 10, Mr. Clanton responded, " I will have Ken Fuller contact Kyla." Kyla Baxley is one of the DA investigators assigned to CAST cases.
On April 11, Ms. Eads sent another email. A thumb drive was attached.
Ms. Schaffer said that the People made efforts for two months to provide discovery. They met their discovery obligation. She said the People object to the continuance and this is not good cause.
Mr. Celli said he could not comment on communications between Ms. Eads and Mr. Clanton. Regardless of the external drive issue, he said this was a "life" case and Mr. Clanton needed time to review the evidence.
"Mr. Beideman, you are entitled to counsel being prepared for trial," said Judge Mewhinney. "The Court is not finding fault with the State.The defense put us in this position."
"A 14 day time waiver will not work," said Judge Mewhinney. "You will have to work with the court schedule."
The issue of Beideman the limited time waiver was not addressed. The 60th day is April 30. Ms. Eads has the Marci Kitchen trial set for May 29, Mr. Clanton has other trials set for April 30 and May 7. The next available date is June 4.
The April 23 jury trial was "vacated" today. Setting of trial was continued to Monday at 8:30 a.m.
Jane Doe's current stepfather was in court with a Victim Witness Representative.
Previous post:
https://johnchiv.blogspot.com/2018/04/motion-to-continue-filed-in-court-clerk.html?m=1
Justice is (not only) Blind... it’s a continuance in Humboldt County. Statute of limitation will expire before these chomos go to trial at this rate. No wonder they have to expand the jail, no one is going anywhere in the local Courts unless they take a plea. WTH
ReplyDeleteOk there is no such thing as a SOL after the case is filed. The filing preserves and protects the SOL. There are speedy trial requirements but when Defendants who can and frequently do waive those then the scheduling of the trial can be beyond the 60 day requirement. In some but rare cases courts can schedule a trial over a Defendant’s refusal to waive IF their attorney states they are not ready.
ReplyDeleteThank You. I was being sarcastic about the SOL.
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