Six hour time estimate for Acosta, Carroll preliminary; Judge Canning denies two peremptory challenges, says one can be refiled

Setting of preliminary hearing was scheduled for local attorney Michael Acosta and co-defendant Sarah Carroll this morning. Confirmation of counsel was scheduled for Caroll.

Ms. Andrea Sullivan accepted appointment for Carroll at the last hearing.  That appointment was confirmed today.

Mr. Acosta is representing himself. Both he and Ms. Sullivan were in court.

The preliminary hearing is scheduled for "time certain" on July 30 with a 6 hour time estimate. Ms. Sullivan said that Carroll's portion of the hearing will be about two hours. Both defendants want to be present via person.  Mr. Acosta had not waived time. Today, Carroll withdrew her time waiver.

Ms. Sullivan said if the preliminary hearing is not heard by the 60th day for her client, the case against her client should be dismissed.

At the last hearing, I shared copies and details of C.C. P Code 170.6 peremptory challenges Mr. Acosta and Carroll planned to file. Carroll against Judge Joyce Hinrichs.  Mr. Acosta against Judge Timothy Canning.

Mr. Acosta said he has no prior convictions and this can impact his practicing law. He referred to other reasons in his declaration with the 170.6 filing.

Ms. Sullivan said Carroll filed the 170.6 prior to her taking over the case.

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

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."

Mr. Acosta said this pits him against co-counsel, Ms. Sullivan.

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

Deputy District Attorney Jane Mackie appeared for the People.

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