The defense filed a non-statutory motion to dismiss in former Correctional Deputy Cory Fisher's case.
The defense motion to dismiss was denied without prejudice by Judge Dale Reinholtsen.
I have already written previously about the defense claim that due to the gag order, defense investigators were not able to speak to staff.
Fisher's attorney, Deputy Conflict Counsel Joe Judge said his client's constitutional rights were being violated.
Most of the information regarding defense claims about the gag order and access to jail staff as well as the actual gag order is available in detail in posts linked below.
The civil issues mentioned in court today are probably related to pending litigation against the County. That lawsuit is mentioned in one of the links below.
There was a lot of information alleged by defense today, including unverified claims.
One such claim was that Captain Duane Christensen "ordered" jail staff not to speak to defense investigators. Another claim was that the Fisher case involves Captain Christensen's stepchild. The defense provided no evidence for these claims.
Today, the defense may have outed an alleged victim for a motion that was "rendered moot" as Ms. Schaffer said.
All this to prove some point about Captain Christensen on claims the defense could not verify.
There was one reference to an email from Captain Duane Christensen to Mr. Marek Reavis (this is when the Public Defender had the case). " not to discuss anything about Mr. Fisher's issues."
Mr. Judge brought up alleged mistreatment of Fisher in jail. Judge Dale Reinholtsen said he could not consider that today. It had to be presented in form of a declaration.
Deputy County Counsel Natalie Duke appeared on behalf of the Humboldt County Sheriff's office. County Counsel said they were not served with today's motion and that they learned about it from the D.A.
Ms. Duke responded to Mr. Judge remarks, including that there was a misunderstanding about the gag order.
Deputy District Attorney Carolyn Schaffer appeared in court today on behalf of Deputy DA Eads.
Recent posts:
https://johnchiv.blogspot.com/2018/05/motion-to-dismiss-filed-in-former.html?m=
https://johnchiv.blogspot.com/2018/04/what-does-pending-litigation-against.html?m=1
https://johnchiv.blogspot.com/2018/04/another-last-minute-development-now.html?m=
Whole lot of nothing.
ReplyDeleteDoug, my original title of the post was going to be " much ado about nothing."
DeleteGreat minds think alike!
ReplyDeleteThey do!
Delete