Judge Wilson to PD: " You need to put the pedal to the metal"

Alleged molestor Mark Dare had further trial confirmation scheduled today. And if you have been following my coverage regularly, you will not be surprised that defense filed yet another last minute continuance or by my remarks.

Alleged victims are his stepdaughters.

Judge Christopher Wilson delayed his ruling on the defense motion to July 30. Deputy District Attorney Whitney Timm is the prosecutor for the case. Public Defender Marek Reavis is Dare's attorney.

Mr. Reavis filed a last minute motion. The People opposed the motion.

"The motion to continue is untimely," said Judge Wilson.

"Ms. Timm believes I manipulated this to delay," said Mr. Reavis.

Judge Kaleb Cockrum granted a 827 petition on Monday, said Mr. Reavis. "There are 11 individuals we need to speak to; that we most likely we need to interview."

It was not mentioned who filed the 827 petition. Due to the Humboldt Superior Court refusing to allow media any access to court records, it is difficult to even get dates or know a hearing is scheduled. With the 827 petitions being confidential, unless anything is mentioned in court, the relevance of these 11 individuals remains to be seen.

"I don't have experts online," said Mr. Reavis. "COVID 19 is not my doing."

Mr. Reavis has been using expert unavailability prior to COVID 19.

In response to Mr. Reavis' comments, Ms. Timm said about the 827 petition, "Mr. Reavis already had the documents. He had the opportunity to cross examine the victims at the preliminary hearing."

Referring to the long delay on the 827 ruling, Ms. Timm said, " the Public Defenders would show upand say they didn't know because it was Mr. Reavis'  case."

"The August 17 date was set at the convenience of Mr. Reavis' experts."

"There is no showing of due diligence," said Ms. Timm. "At every stage of this trial" there has been "a blatant violation of the victims' rights" referring to the numerous delays.

Ms. Timm requested that Judge Wilson sanction Mr. Reavis or order him to show cause. Judge Wilson said, "That is not before the Court. I need a written motion."

Judge Wilson said that Mr. Reavis' inability to work was not under his control. Mr. Reavis had been placed on admin leave. "I have to balance the coronavirus versus the trauma of the victims everytime this case is continued."

"Is August 17 a realistic date given the COVID 19 constraints?" asked Judge Wilson.

Judge Wilson to Mr. Reavis: " You need to put the pedal to the metal."

"This is a two year old child sexual abuse case. The matter has been continued numerous times."

Judge Wilson said, " I am not going to deny the motion. I am not going to grant it either. I am going to continue the motion to continue for two weeks."

Mr. Reavis said his experts are not available until March. "If we stipulate they can appear by Zoom," they may be available and he gave dates of September 1 and 2.

Mr. Reavis threatened, "There is litigation about the jury pool coming together under COVID 19."

I hope Visiting Judge Terrence Boren who heard the preliminary hearing and held Dare to all the charges never comes back to Humboldt County. Judge Boren caved in to Mr. Reavis and reduced Dare's bail. Once he was out of custody, the defense has requested continuance after continuance.

The record and rulings in this case support what Ms. Timm said today and previously about the continuances. Getting testy and attacking Ms. Timm and Judge Wilson doesn't change facts.

There were continuances on this case before Mr. Reavis was placed on leave, before COVID 19. Not to mention that having an office with several public defenders out impacts the rest of the office.

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