995 motion filed in Anderson case this morning was a tactical move

Any hearing on convicted human trafficker David Anderson is never simple. This morning there was a surprise move by the defense. I have exclusive quotes about that from Anderson's attorney, Mr. Michael Acosta.

The jury trial is proceeding but there are a few things to be addressed prior to jury selection. 

Jurors this morning are filling out forms and most likely will return next week, said Judge Christopher Wilson. Jury panel will be sworn in when there are sufficient jurors.

With COVID 19, hardships, then individual questioning in cases such as this, jury selection could take a while.

Defense filed a 995 motion this morning that can impact jury questionnaire and the trial.

The long questionnaire still needs to be finalized. Attorneys are working on that and returning at 1:30. The 995 motion and scheduling additional hearings including motions in limine will be addressed this afternoon.

Judge Christopher Wilson said on livestream, " I am on the fly here. You are throwing things at me this morning" that should have been addressed by now.

Deputy District Attorney Stacey Eads is the prosecutor for this case.

Judge Wilson and Ms. Eads did not have a copy of the 995 motion. Ms. Eads will need to respond to the 995 motion.

"It was a tactical decision to file today in response to a tactical decision to add Count 1 back into the case by the prosecution despite the Judge's finding that it lacked probable cause," Mr. Acosta told me. 

" This way there is no time to refile a separate case, hold a prelim, and merge Count 1 back in.  The 995 should stay with Judge Wilson, as it is purely a technical motion. "

"This is only fair, as consent and mistake of fact are defenses to all other counts except Count 1, and telling jurors that consent and mistake of fact are defenses to all counts except Count 1 facilitates juror confusion, which will, in turn, stifle due process," added Mr. Acosta.

Anderson was not held to answer to Count 1 after the preliminary hearing by Judge Wilson. Count 1 was charged in the arraignment on information. Usually a 995 motion is heard by a different judge and not the judge who presided over the hearing.

There has been extensive coverage of this case, the preliminary and previous and exclusive remarks on Count 1 being added in the arraignment on information from Ms. Eads and Mr. Acosta on this blog.

If you have not followed my coverage on Anderson for this case or his previous conviction in Humboldt for human trafficking, those posts can be accessed via the search feature on this blog.

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