Autopsy report in Pamela Millsap case won't be available for months, DA seeking juvenile case file

Preliminary hearing for murder suspect Pamela Millsap was scheduled for April 16.

Millsap is charged with one count of voluntary manslaughter, two counts of child abuse and one special allegation that she personally used a firearm; a shotgun. The victim was her 17 year old son.

Deputy District Attorney Whitney Timm is the prosecutor for this case. Deputy Conflict Counsel April Van Dyke is Millsap's attorney.

Deputy DA Tobias Hasler was present in court for the People. Ms. Timm appeared via Zoom as did Ms. Van Dyke. Mr. Hasler had a report for Ms. Van Dyke.

"I am not in court," said Ms. Van Dyke. Saying she was not prepared and needed time to meet with her client, Ms. Van Dyke requested a continuance to April 20. The 60th day is April 21.

Ms. Timm objected to the continuance unless Millsap entered a time waiver.

Ms. Van Dyke said that yesterday she received a 90 page CWS report and another 40 supplemental report via email. Referring to the printed copy Mr. Hasler had in court, she said, "Frankly, I don't understand why discovery is coming in the day of the preliminary hearing."

Ms. Timm said, "This is a homicide case and investigation is ongoing. More discovery is expected in the next few days; a lot. The autopsy report wont be available for months."

Ms. Timm is filing a 827 petition and "it will take months to get that ruling." That petition seeks information sealed in the juvenile case file.

"I advised Ms. Van Dyke twice about discovery that would be coming," said Ms. Timm. "We are not required to provide everything prior to the preliminary hearing."

"I asked if she would be requesting a continuance," said Ms. Timm. "She didn't have the courtesy to respond. There was no communication how to provide her with the report. The report has written documentation about interviews that have already been provided to her."

The spat about discovery took up most of the hearing.  That led to Judge Kelly Neel admonishing both attorneys. "I am going to remind both counsel that this is not the time to argue discovery."

"This is not the place to cast dispersions and call each other unprofessional on public record. You are adversaries; not enemies."

The April 20 date did not work because the calendar "is impacted."  Millsap refused to enter a time waiver. The preliminary hearing was continued to tomorrow. Time estimate for 2-3 hours.

The name of the minor victim has been published elsewhere.

Previous posts:

https://johnchiv.blogspot.com/2020/04/cast-discovery-and-new-attorney-leads.html?m=1#more

https://johnchiv.blogspot.com/2020/03/will-covid-19-and-change-of-job-for-her.html?m=1

https://johnchiv.blogspot.com/2020/03/additional-discovery-leads-to.html?m=1

https://johnchiv.blogspot.com/2020/02/pamela-faye-millsap-charged-with.html?m=1

https://johnchiv.blogspot.com/2020/02/victims-mother-arrested-for-homicide.html?m=1

https://johnchiv.blogspot.com/2020/02/more-information-from-epd-and-humboldt.html?m=1