Demurrer for Michael Acosta and Sarah Carroll regarding Count 1 and further arraignment for Carroll was scheduled this morning. Carroll has one other case, misdemeanor charge of driving with a suspended license.
Acosta had already entered not guilty plea at the last hearing. At the last hearing, Mr.Russ Clanton was appointed to represent Carroll. He appeared on her behalf today and entered not guilty pleas for her and completed arraignment for her today. A 977 waiver of personal appearance is on file for Carroll.
Time not waived by Carroll in felony case. Time waived on misdemeanor case and it will trail the felony case. Preliminary hearing for Carroll also scheduled for June 17.
Mr. Acosta is representing himself. He had mentioned he had not received a response from the People regarding the demurrer. Today, he acknowledged that he had via email once after Deputy District Attorney Jane Mackie said he had been served via email on March 24 and that she had resent the response, again.
After the last hearing, he sent the DA an informal request for materials and information he needs for this case. That document has only been published on this blog.
DVDs and some initial discovery which are police reports were available for Mr. Acosta to pick up today.
Mr. Acosta said that in the complaint, only a singular event was mentioned while the charge was for maintaining a drug house. He said there was no time period mentioned other than one date.
Ms. Mackie is the prosecutor for the felony case. One of the points she made was that Mr. Acosta's demurrer did not meet the five points required in PC 1004. She said Mr. Acosta was arguing facts he needs to make during the preliminary and at trial.
The demurrer to Count 1 was denied by Judge Timothy Canning; without prejudice for Carroll. Mr. Clanton has yet to meet with his client and he did not address the demurrer for Carroll today.
While acknowledging Mr. Acosta's argument about dates not being alleged in Count 1,"because of lax standards of pleadings", demurrer was denied by Judge Timothy Canning.
Carroll was not present as there is a 977 waiver of personal appearance on file.
Mr. Acosta is pro per. He requested Court appoint an investigator for him to interface with witnesses. Decision on that will be made June 12.
Recent posts:
https://johnchiv.blogspot.com/2020/06/michael-acosta-says-das-office-refused.html?m=1
https://johnchiv.blogspot.com/2020/06/michael-acosta-enters-not-guilty-pleas.html?m=1
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.