After waiting around this morning, there is still no decision on convicted human trafficker David Anderson' jury trial.
Whether any other trial can proceed is the Anaya case. In addition to the regular court backlog, delays and challenges of COVID 19, the Anaya trial has been dark for a few days. Whether it will resume or not is up in the air.
The Anaya trial is a mess. The jury has been sworn in and jurors have been waiting. I watched some of the livestream this morning. Testimony has not even started in the case.
Anaya has not waived the time. From this morning's remarks, it seems the alleged sexual assault victim, Jane Doe and whether she will testify is the issue.
Jane Doe is disabled. Last week, she told the People she is ill but there is no doctor's note; just her reporting she is sick with stomach issues and "throwing up." She refuses to go in for a COVID test. The People cannot force her, said Deputy District Attorney Jessica Acosta. Now, she will not return calls to the D. A. and an investigator will be going over to her house this morning.
There has been assistance and information provided to the People by the Judge and Court Human Resources to assist the victim in obtaining a speedy COVID test but all communication is via the People.
Deputy Public Defender Adrian Kamada's previous motion for dismissal was denied by Judge Christopher Wilson without prejudice. This afternoon depending on what information and if any contact is made with the alleged victim, Judge Wilson said he had three options. Declaring a mistrial or a dismissal are two of those options.
Attorneys for Anaya, Abarr and the Anderson case will return at 1:15 today.
The Abarr case is trailing that and time runs out for that case today. Anderson is trailing the Abarr case and his time runs out on Wednesday. Only one trial is allowed due to COVID 19 safety concerns.
Anaya matter was dismissed since "Jane Doe is no longer desiring prosecution."
Per the recent Humboldt Superior Court emergency order, both Abarr and Anderson dates were rescheduled. Trial assignment on February 5; jury trial on February 8.
Mr. Acosta was instructed to provide court operations with a jury questionnaire by the end of the day. He told Ms. Eads he will be conveying a new offer to her today.
If you have not been following the Anderson case or the coverage on current jury trial and COVID 19 impacts, explainations have been given in detail several times in previous coverage. All those posts are accessible via the search feature on this blog.
Previous post:
https://johnchiv.blogspot.com/2021/01/we-have-been-authorized-to-do-one-trial.html?m=1
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