After a Marsden hearing requested by convicted murderer Demetrius Coleman today, setting for a hearing on the motion for release of juror information, whether a new motion for new trial is needed and future date for sentencing was addressed.
The Marsden hearing did not start at 8:30 and after it did, it went on for an hour and half. Probably because Coleman goes on and on with irrelevant nonsense. Marsden was denied.
Ms. Andrea Sullivan, Coleman's attorney, declared a conflict at the last court hearing. She was due in Courtroom Two for another case and they gave an estimated time for when the Marsden would conclude. It went over that time. Coleman was present in the courtroom for today's hearing. All attorneys appeared via Zoom.
When the courtroom was opened, Ms. Sullivan was still Coleman's attorney but she asked Judge Kelly Neel to relieve her and appoint Mr. Zachary Curtis for all purposes. That request was granted by Judge Kelly Neel.
Mr. Curtis had been previously appointed as an interim attorney for the limited purposes to explore with Coleman whether a new motion for trial should be filed and to handle the motion for release of juror information.
Further setting is on April 1.
To Coleman, I know your family and others follow my coverage. I know inmates get informed of what I write.
You needs to stop grandstanding in court and realize the problem is not the attorney but you.
You are your own worst enemy. Acting all bad ass when you were on the stand testifying at your trial did not help your case with sleepy and distracted jurors. Ms. Sullivan did an excellent job on your case.
She filed motions on your behalf even after your petulant behavior in court since your conviction. She is still providing information and assisting your new attorney.
Constantly questioning your old and new attorney is not going to change anything. Try shutting up and listening to your attorney.
Take responsibility that you were present when Johnny Renfro was shot, that you made a living illegally and you made bad judgements about the people you associated with and that your own testimony was a big hurdle and did not help your claim that someone else shot Renfro.
The defense case was going well until you took the stand. You were on trial for murder; not a documentary on you being some hot shot in the illegal weed market in Humboldt.
Mr. Curtis has requested transcripts of the entire jury trial and has a lot of discovery to review. The transcripts alone will cost $5,000 to $6,000.
The tax payers paid for your legal expenses for the first trial, including expenses for Investigator Hadley. As Judge Neel explained Investigator Hadley cannot work on this case. Your new attorney fees and the funding for a new investigator Louis Martinez will be paid by taxpayers.
The next court date is set out to give Mr. Curtis time to review the transcripts, " voluminous discovery" and meet with you.
After all this, you sit in court and claim your rights are being violated? And that this case is being speedily moved along and an innocent man isbeing sent away?
You made good money for years on the black market; many indigent inmates did not. You chose a lifestyle that ended you in your present situation.
You are ungrateful. If you want a new trial, start by adjusting your attitude and focusing on assisting your attorney and showing some respect and gratitude that you may get another chance to present your case and at no cost to you.
A Marsden hearing is confidential and held in a closed courtroom.
When the courtroom was open, Coleman tried to bring up some concerns he had about Deputy District Attorney Roger Rees and Mr. Curtis, again. This had been addressed earlier and Judge Neel briefly addressed it without going into what was said earlier.
As some Judges have stated on record, former colleagues or attorneys they worked with, they no longer socialize with now. Judge Neel knew Mr. Curtis when she was an attorney. Mr. Rees is a former colleague of Mr. Curtis. "This is a small town, people know each other," Judge Neel told Coleman.
Hire your own attorney Demetrius with your own money. And screen them all you want. No one can change the fact that you were there when Renfro died. Your account of what happened will be questioned again, if there is a new trial. Look in the mirror and appreciate the defense you were given. You are not even giving your new attorney a chance.
You have a right to due process and certain legal rights but nit picking on irrelevant stuff and wasting court time is not going to change your conviction. Let your attorney do their job and assist them effectively. Instead of blaming them and questioning their capability.
There are a lot of homicides in Humboldt and a lot of suffering. Many defendants did not get two trials and they did not get a defense attorney like Ms. Sullivan who advocated and fought for you. Those people went to prison. I am sure there are other inmates who would gladly have Ms. Sullivan or Mr. Curtis represent them.
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https://johnchiv.blogspot.com/2020/12/motion-to-release-juror-information.html?m=1#more
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