Sentencing and defense motion for a new trial for convicted molestor Mark Dare was continued to December 4 by Judge Kaleb Cockrum.
Deputy District Attorney Whitney Timm is the prosecutor for this case. Public Defender Marek Reavis is Dare's attorney.
Before court proceedings could commence, Mr. Reavis said there was a lengthy 10 page handwritten letter by Dare, that he described as a "missive" by Dare and claimed that Dare tried to bring it to court, that the PD's office tried to get this to the court yesterday and claimed that jail staff did not allow Dare to bring the letter to court on other occasions.
Dare is alleging ineffective assistance to counsel. Mr. Reavis said the letter should be considered an amendment to a new trial.
Ms. Timm responded and said this was the second date set for sentencing, Dare had two months since his conviction to get the letter to the court and the "only thing to infer" was that this was a delay tactic.
Mr. Reavis then responded, "Ms. Timm's position is everything Mr. Dare does is subterfuge." He then went on and on about Dare and the trial. Regular readers from previous coverage know there have been several delays and last minute tactics by the defense.
The original of the letter and a copy for the DA is now being sent to the courthouse.
The second issue is that this is not an open courtroom. Several people showed up in the hallway. The bailiff is doing a sweep. Only Jane Doe 1 and 2 and a support person will be allowed into the courtroom. Other appropriate people can come in only to speak.
At 8:57 a.m. the letter arrived, Judge Kaleb Cockrum is reading it. He said in 15 to 20 minutes, he will question Dare in open court. From initial glance, citing People v Reed 183 Cal App 4th and 1137, Judge Cockrum said after review of the letter, this may require a Marsden hearing. The Marsden hearing is going on.
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https://johnchiv.blogspot.com/2020/11/first-there-is-no-livestream-then-judge.html?m=1#more
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