"Graham, please be quiet"

Wayne Graham needs to listen to his attorneys. First he did not to Ms. Andrea Sullivan and confessed to the assault on stand. Now, he keeps interrupting Mr. Russ Clanton in court, on record.

Deputy District Attorney Tobias Hasler said that at the last hearing, "the Court ordered defense to provide a file stamped copy" of the defense motion for a new trial. Mr. Hasler contacted the clerk's office. All he has is a copy from Ms. Sara Zalkin, who appeared at a hearing for Mr. Clanton, that is not file stamped. Mr. Hasler asked the Court to strike motion.

Mr. Clanton repeated the same excuse he said last time. I have not received a file stamped copy from the clerk.  Judge Lawrence Killoran said he was not going to strike the motion for a new trial.

Mr. Hasler then addressed the defense motion for emergency release. He said the Court should deny releasing Graham because he was found guilty of a serious felony; "the defendant is in 1368 status" and the criminal proceedings have been suspended and "rule 4 is not applicable. He is not in pre-trial. He is in post conviction." Mr. Hasler objected to the attachments which are unsworn statements.

"I am not going to repeat everything that is in the brief," said Mr. Clanton.  He said Graham had been in custody for 104 days. Graham's family understands he has mental health issues."

Dr. Wilson found Graham competent to stand trial. Mr. Clanton is challenging that with his opinion and that of Graham's family who are not doctors or qualified to evaluate Graham.

Judge Killoran said that based on the serious nature of the crime and concerns for public safety, he was denying the request to release Graham. Judge Killoran said his decision was also based on reviews of the medical report. "There is some fear that if Mr. Graham did not stay on his meds, there would be negstive consequences. " There would be no structure if Graham was released.

Mr. Hasler said the only issue before the Court was about competency and getting sentenced. The motion for the new trial had not been filed and shpuld be heard separately.

Mr. Clanton said he would file the motion for new trial tomorrow and that he was challenging Dr. Wilson's report and wanted a hearing on the issue of competency.

Mr. Hasler said the People would not waive their right to a jury trial. Given the impact of the coronavirus on court schedules, Mr. Clanton tried to push the issue of release again and Judge Killoran said, "I have made my ruling."

Next court hearing is to set a evidentiary hearing for competency and to hear a motion for a new trial which is scheduled for May 27. Graham, like many inmates, looks different than his booking photo.

Previous post:
https://johnchiv.blogspot.com/2020/05/jail-beds-are-premium-right-now-and.html?m=1