Brady information, prior acts of violence by juvenile and 827 petition lead to continuance of preliminary hearing

Pamela Millsap's preliminary hearing was continued to this morning.  Discovery was discussed, again. Defense was not ready to proceed.



Judge Kelly Neel asked Deputy Conflict Counsel April Van Dyke if she had talked with Millsap.

"I have not," said Ms. Van Dyke. "I chose to go through the evidence."

After judicial intervention off record, Millsap entered a time waiver. Preliminary hearing  was rescheduled for May 8.

Ms. Van Dyke said she received five hours and 15 minutes of interviews yesterday. Those interviews included two and a half hours of interviews with Millsap. She needed to meet and discuss the interviews with her client.

"The interview with Ms. Millsap was discovered weeks ago," said Deputy District Attorney Whitney Timm. "The information was available in the morning. Conflict Counsel chose not to get it until 4 p.m." Some of the interviews are with people who were not present at the scene.

"The information Ms. Van Dyke needs to do the preliminary hearing was discovered weeks ago," said Ms. Timm.

"There are items I need to turn over that are not in my possession," said Ms. Timm. "The Brady information is in the juvenile file and it is sealed."
Ms. Timm said nothing that is sealed can be discussed until the 827 petition is litigated. That petition was
filed today by the DA.

Ms. Van Dyke said there are prior acts of violence by the juvenile.

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.

Brady refers to exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant.

Yesterday's post:
https://johnchiv.blogspot.com/2020/04/autopsy-report-in-pamela-millsap-case.html?m=1