Dec 12, 2019

"The defense overly simplifies facts in this case"



The defense wanted to modify Sean Allman's term of release. The DA's office opposed it.

One ruling by Judge Timothy Canning was in favor for the People; the other ruling was what defense requested.

Allman is charged with Count 1 Terrorizing or Obstructing Exercise of Religion. Count 2 is Criminal Threats. Both counts pertain to the Episcopal Diocese of Northern California.

Deputy District Attorney Whitney Timm is the prosecutor for this case. Mr. Ben Okin is Allman's attorney.

Mr. Okin provided two letters from the local Episcopal church in Fortuna from the former and current pastor stating they do not want the protective order to apply to them. The defense wants the protective order modified to apply only to the people Allman sent the alleged threatening text messages. Allman's entire family goes to the church.

The other modification is to allow Allman to go north on the freeway on 101; he would agree to stay away from the HSU campus.

Ms. Timm said that while HSU campus police opposes the HSU modification; while they are okay with Allman using the freeway, the People and HSU police requested a 1000 yard stay away from the campus.

"The defense overly simplifies facts in this case," said Ms.Timm referring to public safety concerns about Allman.

Judge Canning denied the request to modify the protective order request by members of the Fortuna church. "The threats were directed to members of the Episcopal Diocese. It is a reasonable restriction."

Mr. Okin tried to argue that the Fortuna church was local and Judge Canning responded, "It is a member church of the Episcopal Diocese."

At, Mr. Okin's request, the denial was without prejudice. The defense can try again after the preliminary hearing.

Mr. Okin said,"sorry" to Allman. He was in court by himself, again, today.

Judge Canning said the 1000 yard stay away "is excessive. It would restrict the defendant from being" in significant part of Arcata. The 100 yard stay away is in effect.

Yesterday's post:
https://johnchiv.blogspot.com/2019/12/the-local-episcopal-church-has-no-issue.html?m=1

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