"I didn't know I had court today"

Murder suspect Pamela Millsap had a hearing this morning on a motion to compel discovery filed by Deputy District Attorney Whitney Timm.

"I didn't know I had court today," said Millsap. "The DA put it on calendar, Ms. Millsap," said Deputy Conflict Counsel April Van Dyke.

"I did not file a written opposition because I didn't feel it was neccessary," said Ms. Van Dyke. "This is pre-prelim. The DA is requesting I disclose witness statements. The DA has the right to have reciprocal discovery 30 days before trial."

Ms. Timm said that she addressed why she was requesting the information in her pleadings. She cited McGellan saying the Court has the right to order discovery before the preliminary hearing.

"The defense has said they are calling 6 witnesses," said Ms.Timm. "The People have a right to a fair trial." Ms. Timm mentioned PC 1054.

"They are deciding to proceed 115 with the detective's testimony," said Ms. Van Dyke. "I intend to call their witnesses for potential rebuttal/impeachment. The DA has their statements."

"Even at trial," they are required to disclose rebuttal witnesses, said Ms. Timm. "The only reason I can think that it is not provided is so Ms. Van Dyke has tactical advantage."

"The Court will look at the case law you provided, Ms. Timm," said Judge Lawrence Killoran. " I haven't had the chance." Ruling on that motion by Judge Killoran was continued to June 11.

As previous hearings, this was another round of Timm vs Van Dyke. Most of the information has been covered in previous posts except for the case law in cited by Ms. Timm today regarding her request for discovery.

Millsap's preliminary hearing is scheduled for June 16.

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.

Previous post:
https://johnchiv.blogspot.com/2020/05/she-was-told-her-preliminary-hearing.html?m=1#more