Defense's 995 motion denied in Kody Marcelli's alleged assault case but Judge Cockrum urges "counsel to resolve this case"

The defense's 995 motion to dismiss Count 1 and the special allegation in Kody Marcelli's alleged assault case was denied by Judge Kaleb Cockrum this morning. Judge Cockrum cited specific cases and case law explaining his ruling.



Judge Cockrum reviewed the 995 motion filed by Ms. Heidi Holmquist Wells, the opposition by Deputy District Attorney Roger Rees, exihibits as well as the preliminary hearing transcript.

I have already covered the defense motion and California law on 995 motion and factors a Judge considers in detail in the post linked below.

Judge Christopher Wilson presided over the preliminary hearing. Marcelli was held to answer on both charges and the special allegation for Count 1.

Judge Cockrum said he did not hear the evidence. "I can't come behind and back judge" Judge Wilson who heard the evidence.

It is going to be for a jury to decide the credibility of witnesses, said Judge Cockrum.

Regarding great bodily injury, Judge Cockrum read the definition which included loss of consciousness and "medical treatment is not neccessary.  A single blow is sufficient to support GBI," said Judge Cockrum.

"The prosecution should not consider this a victory," said Judge Cockrum. "The People need to consider they need to convince 12 members of a jury."

"I urge counsel to resolve this case," said Judge Cockrum.

Trial confirmation is on March 7 at 8:30 a.m. Jury trial is March 18 at 9:15.

Marcelli has a 977 waiver of personal appearance on file and was not in court. Alleged victim Gary Harner was in court; he has attended every court hearing.

Previous post:
https://johnchiv.blogspot.com/2018/10/will-judge-cockrum-grant-defenses-995.html?m=1