Alleged molestor released from custody with conditions, late discovery from Fortuna PD played a part in the decision

Preliminary hearing  scheduled this morning for alleged molestor Patrick Marshall was rescheduled to November 6. Both sides were ready to proceed but that changed very quickly.

After arguments by his attorney, Deputy Public Defender Casey Russo, Visiting Judge Marjorie Carter ruled that Marshall be released from custody on supervised release. Marshall entered a general time waiver.

Judge Carter did grant Deputy District Attorney Carolyn Schaffer's request that Marshall have no contact with minors until the preliminary hearing and a court order prohibiting contact with Jane Doe was served on Marshall in court.

Ms. Schaffer said that the People will ask Marshall be remanded into custody after the preliminary hearing.

Mr. Russo said he made multiple requests for discovery. This included photos and materials pertaining to communication "between my client and Jane Doe. There is some description on the police report but we want to see that actual communication. I got them on disk this morning."

Mr. Russo asked that his client be released from custody. "He poses no danger to the public. There are concerns about Jane Doe." A stay away order can address that, said Mr. Russo.

Mr. Russo said Marshall was employed full time, his prior conviction for HS11360, would be reduced to a misdmeanor under Prop 47. Marshall's mother was in court as well a defense witness, a student at CR.

Ms. Schaffer said the "contents of the electronic discovery were elucidated in the police report. I haven't looked at the disk either. There were technical issues. The officer was unable to open evidence. " Ms. Schaffer said the DA's office made several requests to the Fortuna Police Department. The Fortuna police officer present was Ryan Richardson.

Judge Carter chastised the DA's office for the last minute discovery.

Ms. Schaffer said she didn't know" who this defense witness is,  not even the name." She opposed Marshall's release and said that he sought out the minor and travelled from Fortuna to Orick to have sex with Jane Doe.

"This case has passed through three DA's," said Mr. Russo. "I have provided them the name."

Marshall is charged with two counts of unlawful sexual intercourse in violation of PC 261.5 (d) and one count of distributing or showing pornography to a minor in violation of PC 288.2 (a) (2).
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