Victim statements made towards Pamela Millsap prior to the homicide that are "material to an affirmative defense"

Murder suspect Pamela Millsap's preliminary hearing was set for time certain on June 19. It was continued to June 24 in the afternoon after defense motion to continue was granted by Judge Lawrence Killoran. Thursday afternoon has also been reserved for the preliminary.

An order shortening time and a motion to continue was submitted to the Court this morning by the defense.

Yesterday, Deputy Conflict Counsel April Van Dyke received documents that were unsealed as a result of the 827 petition filed by the Deputy District Attorney Whitney Timm. That petition was filed in April but ruling in it had been pending. These documents are from the juvenile file of the victim.

Ms. Van Dyke said a year before the incident, the victim made "threats to Ms. Millsap that were witnessed by an officer." She then mentioned that there were issues with serving a subpoena to the officer and requirements by EPD about notice.

"I want to subpoena the officer," said Ms. Van Dyke. She said what the officer heard is "material to an affirmative defense."

Cornell Law School defines affirmative defense as "a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts."

"The People are opposed to a continuance," said Ms. Timm. "I don't think Ms. Van Dyke has shown due diligence. I don't have a copy of the subpoena." Ms. Timm asked Judge Killoran to inquire " What attempts were made to serve the subpoena? I made contact with the officer. No attempt was made to secure that witness."

"I don't think this witness is neccesary for a probable cause hearing," said Ms. Timm. "The officer heard statements not made in the presence of Ms. Millsap." Ms. Timm said there was no indication Millsap was aware of these statements.

Judge Killoran said that the statements were made 10 months prior to the homicide. The documents were provided to both counsel yesterday. "Ms. Van Dyke's recitation is sufficient for the Court. This is based on discovery she received yesterday. Motion to continue is granted."

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.

Deputy District Attorney Whitney Timm is the prosecutor for the case. Deputy Conflict Counsel April Van Dyke is Millsap's attorney.
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