"There was brain matter splattered on an automobile. Mr. Fiore is the person who killed the co-defendant."

(2012 booking photo)

Brian Fiore had a hearing scheduled today on a defense motion to allow expert witnesses to testify remotely. The People oppose the motion.

Fiore's attorney is Mr. Russ Clanton. Since Fiore is at High State Desert Prison, his presence was waived by Mr. Clanton.

Deputy District Attorney Jessica Acosta appeared on the case today for Deputy DA Luke Bernthal who will be handling the evidentiary hearing for the People.

"I don't understand the opposition," said Mr. Clanton. "Given the current situation in this country, it would be the prudent way to proceed. Having all the experts here; housed here."

"The People understand the current situation and limitation," said Ms. Acosta. "We still oppose the three witnesses testifying via Zoom. Their testimony is hundreds of pages and documents and there are exhibits. Given the nature of the charges and that he is serving a life sentence, there is no need tohave the hearing so quickly."

Judge Christopher Wilson said that Mr. Bernthal needs to cover 388 days of material with witnesses. "My preference right now is remote appearance but I don't want to put anyone at a disadvantage."

"I heard the trial," said Judge Wilson. "There was brain matter splattered on an automobile. Mr. Fiore is the person who killed the co-defendant."

"That is not the question," said Judge Wilson. "The question is whether Mr. Reavis provided ineffective counsel because he didn't  retain an expert to test the material. It is a relatively discreet issue."

Judge Wilson is referring to Public Defender Marek Reavis, who was previously with Conflict Counsel.

"I am not sure we can accomodate the August 10 hearing," said Judge Wilson. "Mr. Fiore won't be transported."

Confirmation of the evidentiary hearing and ruling on defense motion is scheduled for July 29. The evidentiary hearing is set for August 10. Defense time estimate is two days. People disagree with that time estimate and Judge Wilson wasn't convinced either that two days would be sufficient.

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