DA has issue with yet another Judge in the Lorna Leen case

Preliminary hearing for murder suspect Lorna Leen was scheduled on March 22 at a special set of 1:30 p.m. in Courtroom 6 in front of Judge Gregory Elvine-Kreis. Yesterday, the District Attorney filed a motion to disqualify Judge Elvine-Kreis. This is under PC 170.1.

Judge Elvine-Kreis filed a response. That document is not visible to the public. If Judge Elvine-Kreis stated there is no conflict, then another Judge has to make a ruling. If he agrees with the People, then the preliminary has to be heard by another Judge.

Deputy District Attorney Roger Rees already made a motion to disqualify Judge Kelly Neel under PC 170. 6 on 3/20 and the preliminary hearing got continued, yet again. The 170.6 is granted if requested by either party.

I just checked with Court Operations Manager Kelly Nyberg. It will be called today at 1:30p.m. in Courtroom 6. Stay tuned whether it is a go for today or not?

I notified other media who are covering the preliminary and the family heard about this possibility via my blog post. Mr. Rees did not even inform the family that he was filing a disqualification. Every one sat around all afternoon for another continuance. There have been several continuances and hours where the family is waiting around.

One of the family members/supporters who has come to every hearing said, it has been 225 days since Brocius passed.

1:30 p.m. update:  Judge Elvine-Kreis mentioned PC 170.3 that is when a Judge disqualifies or recuses himself/herself, they notify the Presiding Judge.

3:15 p.m. update : scheduling was discussed.
Mendocino County Judge Ann Moorman
 is going to issue a ruling whether Judge Elvine-Kreis should preside over the preliminary hearing. Parties to be back at 1:30 on Monday.

Mr. Rees is starting a jury trial on March 25. Deputy Public Defender Casey Russo has closing arguments for a trial on Tuesday morning.

To schedule this special set, court operations put in effort. Had Mr. Rees not disqualified Judge Neel, the hearing would have proceeded on 3/20.


People's evidence will take 3-4 hours. EPD Detective Ronald Harpham and Sgt. Shawn Sopoaga as well as civilian witness Jane Doe are expected to testify. Jane Doe will be represented by Conflict Counsel Supervising Attorney Meagan O'Connell. Defense wants to call three witnesses. Mr. Rees plans to file a motion to exclude the witnesses.

Previous post:
https://johnchiv.blogspot.com/2019/03/lorna-leens-preliminary-hearing-has.html?m=1#more