Discovery, third party culpability and another Judge disqualified from Acosta and Carroll case

Preliminary hearing for local attorney Michael Acosta and co-defendant Sarah Carroll was scheduled for this morning.

Mr. Acosta is representing himself. Ms. Andrea Sullivan is Carroll's attorney. They were in court. Carroll appeared via Zoom.

Count 1 is Maintaining a place for Selling or using controlled substances. Count 2 Possession for sale of a controlled substance; heroin. Count 3 is Posession for sale of designated controlled substance; alprazolam.

Judge Gregory Elvine-Kreis has been assigned to the case.

Mr. Acosta exercised his right to 170.6.

Deputy District Attorney Jane Mackie objected. She also incorrectly stated what Judge Timothy Canning's ruling was from the last hearing.

Ms. Sullivan said, "there is no joint authority about 170.6"

At the last hearing, Judge Timothy Canning said, "to allow two peremptory challenges, it needs to be shown that the interests of the two defendants are substantially adverse."

At the last hearing, Judge Canning denied both peremptory challenges, but said one peremptory challenge can be filed. "I am striking both and then counsel can decide to assert one peremptory challenge."

At the last hearing, Mr. Acosta said, this pits him against co-counsel, Ms. Sullivan.

Judge Kaleb Cockrum took a break. After break, he said since he is disqualified, he cannot rule on the peremptory challenge. The parties were sent to Courtroom 6 for ruling on the 170.6 but ended up in Courtroom 1 in front of Judge Canning.

Judge Canning granted the 170.6 requested by Mr. Acosta for Judge Gregory Elvine-Kreis. Mr. Acosta requested a continuance based on discovery he has not received. Ms. Sullivan joined in that request.

The police report Mr. Acosta needs has to do with Tracie Nichols, who was present at the house when the search warrant was executed. Her arraignment is scheduled on September 25.

"There is third party culpability," said Ms. Sullivan.

Ms. Mackie objected to the motion to continue, despite  both Carroll and Mr. Acosta willing to enter a 10 day time waiver. Discussions took place in Chambers.After that, both defendants  ended up entering a general time waiver.

Preliminary  is scheduled for September 22. Both defendants can be present in the courtroom.

Motion to continue granted by Judge Canning for good cause.

Four Humboldt Superior Court Judges; Judge Lawrence Killoran, Judge Kelly Neel, Judge Christopher Wilson and Judge Kaleb Cockrum have all recused themselves from the case.

Recent posts:
https://johnchiv.blogspot.com/2020/07/six-hour-time-estimate-for-acosta.html?m=1

https://johnchiv.blogspot.com/2020/07/bombshell-allegations-about-hcdtf.html?m=1

https://johnchiv.blogspot.com/2020/06/i-am-declaring-conflict.html?m=1

I am the only one who has done some follow up on the others arrested with Mr. Acosta and Carroll. I am following the Haberman case but with no access to court records and the second floor, I am not chasing down other cases. It takes even more time now to do court coverage amidst daily tech and other issues.

Related posts:
https://johnchiv.blogspot.com/2020/03/wonder-what-happened-to-all-those-other.html?m=1#more

https://johnchiv.blogspot.com/2020/03/kevin-lee-haberman-dared-law.html?m=1

https://johnchiv.blogspot.com/2020/03/tracie-judith-nichols-arrested-last.html?m=1