"There is suspicion on part of the Court that this is an effort to disrupt proceedings. I doubt the realistic ability of defendant's ability to retain counsel."

At 1:30 The court was briefly opened. A further Marsden hearing was held. Court certified interpreter LeBeka Xiong was here from Sacramento.

After alleged molestor Seng Yang's Marsden motion was denied, Judge Dale Reinholtsen had to rule on his request to vacate the jury trial starting today. Yang wanted to see if he can find a private attorney. Yang said he would waive time if his request was granted.

Yang is charged with 16 counts which include forcible rape of Jane Doe (his own daughter) and exhibiting a in pornography.  Jane Doe is the alleged victim for all counts.

Citing PC 1382 and case law with specific case cites, Judge Dale Reinholtsen stated on record that Yang did have his jury trial set within the 60 day requirement since he was arraigned. Yang had not waived time at arraignment.

"The Court has committed resources to the trial," said Judge Reinholtsen. "The Court has summoned jurors last week; more are coming tomorrow. The parties are ready to proceed."

Before he ruled on Yang's request, Judge Reinholtsen explained the criteria and factors he considered. Judge Reinholtsen cited Gonzalez v Lopez and People v Ramirez.

"The defendant has a constitutional right to have counsel of his choice represent him" said Judge Reinholtsen.

"The Court can deny the defendant's request to retain counsel, if it would unduly prejudice the defendant or if it is an unreasonable disruption of criminal proceedings."

"The Court looks at balancing whether the defendant was diligent in securing counsel and informing the Court."

"There is not enough information in front of the Court that Mr. Yang has sought to retain private counsel and properly advised the Court."

Rescheduling the trial would be "inconvenient to parties and witnesses.
 In this case, we have summoned 1,000 plus jurors."

Judge Reinholtsen said this is "unreasonable disruption to the proceedings. There is suspicion on part of the Court that this is an effort to disrupt proceedings. I doubt the realistic ability of defendant's ability to retain counsel."

"If I am wrong,," said Judge Reinholtsen, "even if there is a fair trial," there would be an appeal to overturn the conviction.

Judge Reinholtsen said he would grant a relatively short continuance, if Yang could not retain counsel, the trial would be set.

Today's jury trial was vacated. Yang entered a time waiver.

Deputy District Attorney Stacey Eads asked the Court to inquire " what efforts the defendant had made to retain private counsel."

"My understanding is that Mr. Yang has little or no means" to afford a private attorney.  Ms. Eads brought up that Yang told EPD detective he made porn videos (of himself and his daughter) for financial reasons.

"There are a limited amount of attorneys here that accept representation," said Ms. Eads. "I think this is a farce to improperly control a situation."

Mr. Reavis told Judge Reinholtsen that he was open to reappointment, but he had rescheduled another "life" trial and "sex case" for this jury trial and future scheduling of this case would depend on his trial schedule at that time.

Setting of trial and status of retention of private counsel is scheduled for September 17 at 8:30. The previous offer by the DA (that was rejected by Yang at trial confirmation) was withdrawn.

Read my earlier post. I wrote that post before Judge Reinholtsen's remarks in the afternoon.

Earlier post:
https://johnchiv.blogspot.com/2018/08/yang-asks-for-marsden-motion-last.html?m=1