May 12, 2020

Did he want a Marsden hearing, did he not? Is he competent to stand trial, is he not?




Preliminary hearing for assault suspect Richard French is scheduled for this afternoon.

French is charged with felony assault with a deadly weapon. Alleged victim is Bryan Keith Richter.

French has another 2020 case. The charge for that case is a misdemeanor and an alleged violation of PC 166 (a) ) (4), violation of a court order.

Deputy Public Defender Ben McLaughlin is French's attorney. Deputy District Attorney Roger Rees will be the prosecutor for the preliminary hearing.

Will it actually proceed? A lot of that will depend on French. At the calendar call this morning, Mr. McLaughlin told Judge Cockrum that based on a conversation with French earlier, he believes French wanted a Marsden hearing.

When Judge Cockrum asked French if he wanted the Marsden hearing, French responded that he was not requesting one. Then Mr. McLaughlin had a private call with French.

Mr. McLaughlin said he discussed with French why and when an attorney can declare doubt about whether the client is competent to stand trial.

"I am not going to declare doubt at this point," said Mr. McLaughlin.

Based on his conversation with French, Mr. McLaughlin said he does not believe this is a resolvable issue.

Deputy DA Whitney Timm appeared in court this morning and informed Judge Cockrum that Mr. Rees has training this afternoon. Based on court schedule and assuming the preliminary starts on time, I plan to cover it. That may overlap with other breaking news and COVID daily updates which will get a priority.

Only the responding officer is testifying. Time estimate is an hour.

French has been emailing me for about a year, several times a day. His emails go to spam.

Previous post:
https://johnchiv.blogspot.com/2020/05/richard-french-now-has-two-restraining.html?m=1

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