Joe Olivo Jr, Joe Olivo III and Mario Nunez, all scheduled on July 18 for motion to exclude gang evidence due to failure to comply with discovery order and trial setting. It was continued to August 1.
As of this morning, the District Attorney's office had not filed an opposition to the motion to exclude the gang evidence.
Deputy District Attorney Luke Bernthal said he had "been in discussion" with defense counsel but "not ready to put it on record."
Ms. Andrea Sullivan said that there maybe a possible resolution.
Mr. David Celli said he received "a very truncated report this morning. The People are not happy with the report. I am disappointed." Mr. Celli asked that any evidence presented at trial be limited to that report."
Judge Christopher Wilson said, "I addressed my concerns last time."
At the last hearing on May 10, Nunez's attorney, Mr. David Celli said the prosecution should have thought of that before charging the gang enhancement.
The second point Mr. Celli made was that the investigation for this case has been going on for three and a half years.
At the May 10 hearing, Judge Christopher Wilson agreed with Mr. Celli's response to Deputy District Attorney Luke Bernthal's response about why discovery regarding the gang expert had not been provided.
Ms. Andrea Kaluna Sullivan is representing Joe Olivo III. Mr. George Marvis is representing Joe Olivo, Jr. Attorney Mishioka appeared via telephone on behalf of Olivo, Jr.
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https://johnchiv.blogspot.com/2018/05/the-prosecution-should-have-thought-of.html?m=
So the Gang enhancement allegations are meant to primarily sully the Defendants. That and introduce the concept that some murders are ordered by the higher-ups in the gang structure to insure loyalty. It’s a theory, but might not be applicable in this case. They are charged with murder. If convicted they face life in prison. Given all of the tattoos on their face, I suspect the Jury will figure out they are gang members. Still, there was back in the day a good gang expert the office used at Pelican Bay. There is an EPD detective as well. It looks like Judge Wilson might exclude the evidence.
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