CAST discovery about child witnesses leads to continuance in local therapist's case

Preliminary hearing for local therapist Edward Pena was scheduled for July 11. Prior to the hearing, Deputy Public Defender Brie Bennett spoke with Pena in the courtroom and then a holding cell.

Ms. Bennett told Visiting Judge Marjorie Carter that a CAST disc made it into the paper file but not electronic discovery and that the District Attorney did not know "when we were served." It would be ineffective counsel if the preliminary hearing proceeded without her watching it and talking to Pena. She said Pena was willing to enter a 60 day time waiver.

Deputy District Attorney Roger Rees said that no children were testifying but statements could be introduced via an officer. He was able to provide a date the disc was served.

Judge Carter granted the defense motion to continue finding good cause based on the ineffective counsel argument by Ms. Bennett.

Jane Doe, HCSO Deputy E. Masaki and one other officer were expected to testify.

Intervention is now scheduled for August 12; preliminary hearing August 14.
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