Demurrer and further arraignment was scheduled for local attorney Mr. Michael Acosta and Sarah Carroll this morning.
The case was the first one called at 8:32 a.m. Mr. Acosta was not present. Caroll's attorney is Deputy Public Defender David Celli. Deputy Public Defender Wade Orbelian appeared for Mr. Celli today via Zoom. Acosta is representing himself.
Since Mr. Acosta was not present, Judge Timothy Canning called other cases. Acosta was in court by 8:46.
The Public Defender declared a conflict. A hearing was set for determination of conflict but it was heard this morning. The PD's office was relieved. Mr. Russ Clanton was appointed for Carroll. Ms. Sara Zalkin appeared for Mr. Clanton today. Caroll had another case on calendar.
Number of things were discussed and I am updating the rest of the post now. Only Mr. Acosta's arraignment was completed today. He entered not guilty pleas on all counts based on "my factual innocence." He did not waive time.
Mr. Acosta requested a continuance on the demurrer since he has not received the response from the People. He said he was out of town.
Ms. Zalkin also requested a continuance on the demurrer and further arraignment for Caroll.
The demurrer and further arraignment for Caroll is scheduled for June 9. Acosta's preliminary hearing is scheduled for June 17.
The defendants' demurrer only pertains to Count 1.
In previous coverage, I reported that Mr. Acosta told me, "you cannot enter a demurrer after a not guilty plea."
"A demurrer is a pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party. The word demur means "to object"; a demurrer is the document that makes the objection. The demurrer challenges the legal sufficiency of a cause of action in a complaint or of an affirmative defense in an answer."
Judge Lawrence Killoran, Judge Kelly Neel, Judge Christopher Wilson and Judge Kaleb Cockrum all disqualified themselves from the case.
Deputy District Attorney Jane Mackie was in court for the People.
Charges:
Recent posts:
https://johnchiv.blogspot.com/2020/03/demurrer-and-further-arraignment-for.html?m=1
https://johnchiv.blogspot.com/2020/03/four-judges-disqualify-themselves-from.html?m=1
https://johnchiv.blogspot.com/2020/03/michael-acosta-and-sarah-carroll-enter.html?m=1
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