Jan 8, 2020

995 defense motion for Franklin Molina granted; looks favorable for defense on motion to amend information


Ruling on the 995 motion to dismiss Counts 1, 6 and 7, motion to amend charge  and disposition/reset for kidnapping, robbery and assault suspect Franklin Molina has been continued several times. It was granted today by Judge Christopher Wilson.

There was no ruling on the motion to amend since the Court is still waiting on a response from Deputy District Attorney Trent Timm. Ruling on the motion to amend was scheduled for February 19.

Based on Judge Wilson's ruling on the 995, the ruling on the motion to amend is looking favorable for Deputy Public Defender Casey Russo. Judge Wilson already indicated his 995 ruling will apply to the proposed Count 8 which pertains to the second victim.

Judge Wilson complimented both attorneys on an excellent job. Mr. Timm put on record that he disagreed with the ruling on the 995 and recited evidence and testimony from the preliminary hearing. Judge Wilson said while he agreed with Mr. Timm that his ruling was based on the law.

I have covered the hearings on these two motions several times and if you have not followed the case, the recent posts are linked below.
Recent posts:
https://johnchiv.blogspot.com/2019/12/as-usual-nothing-happened-and-same.html?m=1#more

https://johnchiv.blogspot.com/2019/11/all-these-continuances-on-motions-which.html?m=1

https://johnchiv.blogspot.com/2019/10/twists-and-turns-more-charges-for.html?m=1

https://johnchiv.blogspot.com/2019/09/franklin-molinas-case-could-resolve.html?m=1

https://johnchiv.blogspot.com/2019/08/defense-wants-three-counts-dismissed-in.html?m=1

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