"Courtrooms are at a premium so it may get bumped"

Preliminary hearing for murder suspect Pamela Millsap was scheduled for May 8.

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.

Millsap's attorney, Deputy Conflict Counsel April Van Dyke yesterday requested a continuance last time. Today, Deputy District Attorney Whitney Timm requested a continuance. After hearing from both attorneys, Judge Kaleb Cockrum found good cause and granted the People's motion.

"I did advise Ms. Van Dyke I may need to request a continuance," said Ms. Timm.

Ms. Timm said this was "for several reasons. As previously advised, there is Brady information in the CWS/juvenile file. I have filed a 827 petition to be  heard on May 18."

"One of the CWS documents I haven't been able to provide is in the victim's juvenile file. It is sealed. I believe it is Brady. In order to prevent any future Brady claims", Ms. Timm told Judge Cockrum she had requested the hearing be set out further last time.

"Additionally, I feel the defense will try and elicit 115 information via the detective's testimony that places me at a disadvantage," said Ms. Timm.

"They are entitled to the information," said Ms. Timm. "It's confidential at this time, so I am at a disadvantage."

The defense said they were ready to go and planned to call five witnesses.

"I have been given no statements," said Ms. Timm. "I have no offer of proof."

Ms. Van Dyke said, "All the witnesses have been interviewed by  Detective Watson."

"I am trying to run through the scenario in my mind," said Judge Cockrum. "Had Ms. Millsap not entered a time waiver, we would proceed. She has waived time. The 827 petition is still an issue. Brady is still at play.
Ms. Van Dyke is not offering to waive Brady. The People need to cross examine."

Judge Cockrum said he found good cause to grant the People's request for continuance. The preliminary hearing for Millsap was reset for May 21.

Judge Cockrum said the attorneys know this but for Millsap's benefit, he said, "Courtrooms are at a premium so it may get bumped", again on May 21.

Juvenile Court records are confidential to protect the privacy rights of the child. WIC § 827 and California Rules of Court (CRC) 5.552 control the inspection and dissemination of a "juvenile case file." Juvenile case files are not discoverable by subpoena.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=827.&lawCode=WIC

Previous posts:
https://johnchiv.blogspot.com/2020/04/brady-information-prior-acts-of.html?m=1

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

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

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