Despite staff asking Judge Hinrichs not to do another emergency order because it makes it hard to keep track of statutory times, Humboldt will be seeking another order regarding jury trials

 

I did a detailed post on Brian Daniels and his four cases on March 12 and why motion to dismiss was being filed for March 17.

Daniels' jury trial was #7 to go out on March 16.  Deputy Conflict Counsel R. J. Leohner is Daniel's attorney. Deputy District Attorney Roger Rees is the prosecutor on this case.

This post was going to be about the motion to dismiss in the Daniel's case. It ended up being about relevant information shared by Presiding Judge Joyce Hinrichs on court procedures and the impact on local courts due to the pandemic

There is plenty of blame and finger pointing going around. Responsibility should be shared by the Judges, court administration and staff,  attorneys, Public Health, California Governor Gavin Newsom and the California Judicial Council. 

Some of the issues raised today about court backlog existed pre COVID 19. Staff asking Presiding Judge Hinrichs not to request another emergency order because it is extra work keeping up with statutory guidelines is not okay. Unlike the private industry, government and court employees, especially those in charge have collected a paycheck throughout the pandemic.

And by staff, does Judge Hinrichs mean court administration or frontline staff or both? Judge Hinrichs said Humboldt Superior Court "will probably seek another emergency order" regarding jury trials. This is to avoid a "superspreader event."

The emergency order was necessary weeks ago. The Tsarnas trial on hiatus with people in quarantine makes it more urgent. 

"This Court has tried to get all my staff and attorneys vaccinated," said Judge Joyce Hinrichs. "I have been unsuccessful to expand that base."

Motions to dismiss in Daniels' case and two other court cases were heard this afternoon by Judge Hinrichs. They were all denied. Judge Hinrichs cited a U.S. Supreme Court case regarding speedy trials and other case law about good cause exceptions.

Judge Hinrichs stated there were similarities in all three cases and then case specific differences for each defendant.

"First of all, pre pandemic, we ran two trial courts," said Judge Hinrichs. "I would agree with counsel that this Court has done an amazing job with remote appearances."

"Amazing job" is exaggeration. I have no idea what counsel Judge Hinrichs is referring to but that was not stated this afternoon nor is it true. Has the Court tried and done a decent job? Yes.

There have been numerous issues with technology and it is not the fault of Court IT, Judges showing up late, certain attorneys not showing, waiting for minutes,sometimes hours for livestream to start because of the jail, Judge or someone not being there.

Only I have written about these issues and that is why they get fixed but there is backlash. This incestous community and all the interconnections and petty silencing of any real reporting is deplorable. 

There are two types of people in Humboldt. The corrupt bullies and the sycophants who do their bidding to silence, intimidate and attack those who have integrity and try to make a difference. One of my former clients, who I had a great relationship with, is related by marriage to Judge Hinrichs. Let's see whether that is affected by this post. This is the kind of  reporting and truth, the rest of Humboldt media and many people in Humboldt suppress and enable. Unless it benefits them; of course.

The "Humboldt way" has destroyed many innocent lives and reputations and due process is not some concept. 

It isn't because the Court Administration or Judges are doing it on their own. For years, I did court coverage. My Humboldt court reporting has received national and international attention.

Other media who cover court intermittently do a piss poor job of addressing any issues; let alone get out information to the public. When people want to know anything, they call, text, email me. 

I give credit where the courts do a good job and I have but whitewashing issues that have existed in this small County and Court is not fact. The Humboldt Superior Court can do a better and timely job communicating and if things need approval from the Presiding Judge; that delay and why it is not happening is something she needs to take responsibility for; she has had the title for years. 

"We can go back to normal when we don't have to be six feet apart," said Judge Hinrichs. "Instead of 94 people in Court 1, we can have 18 people. This includes court staff and attorneys. Jurors become our major issue. We are asking people to come to court in the middle of a pandemic."

"I have instructed Judges that there are to be no dark days," said Judge Hinrichs. "This affects jury panels. The fact that there are dark days in other trials is surprising. It is a judicial call. Dark days are not for the convenience of attorneys. I have had Judges cancel time off to make an effort to get trials out."

Judge Hinrichs explained that with COVID  safety measures, one cannot just bring up another group of jurors to replace a panel. There is a lot of prep, planning and restrictions on how many jurors can be present in the courtroom and building.

"We are doing our best to keep everyone safe," said Judge Hinrichs.

Judge Hinrichs cited how many trials the Court "got out" during the pandemic. The different tiers had an impact. "There were only four verdicts." Judge Hinrichs mentioned trials got continued after being assigned or scheduled.

"As soon as we got out of purple, we ran two courtrooms," said Judge Hinrichs.

In response to an inquiry about jury trials being held offsite, Judge Hinrinchs said, "It is not viable to do it on a long term basis. It is not only our staff but other county staff and there has been a reduction in the budget."

Deputy Public Defender David Celli said that there were no dark days allowed in the Barnes trial and the case was continued; not due to the pandemic but because Deputy District Attorney Roger Rees needed time off at the end of the month to celebrate passover. 

Judge Hinrichs said that Judge Timothy Canning made that decision. "In hindsight, if attorneys need to ask for religious days to be observant, they should do so before a trial is assigned."

Meanwhile dark days were granted in the Michael Flowers case. Mr. Celli did make a valid point about consistency. The Flowers case was the first trial out in the most recent assignment. There have been dark days and it is holding up an entire courtroom with other trials "trailing." Judge Christopher Wilson is the presiding Judge in the Flowers trial. 

"This is an arbitary application of some rule that I didn't even know existed," said Mr. Celli. 

Different Judges are making different decisions impacting their fellow Judges and the court. There are also these "local" Humboldt rules that do get made up and applied to suit Judges and court administration whenever they feel like it. COVID 19 has only exacerbated the problem. I have written about these court issues before.

Everyone is doing extra work and is inconvenienced due to this pandemic and overzealous Humboldt and California bureaucrats. Yet, some are getting compensated; while others are not but the bills keep coming. Some have had their incomes reduced yet expenses have gone up.

People's court cases being rushed have a significant impact on their lives, their freedom and reputation. 

Deputy District Attorney Trent Timm and Mr. Rees made good points today. Mr. Timm brought up that a juror recently tested positive. Lawyers are in quarantine. Mr. Rees said that there is a pandemic, not just globally, but in Humboldt. Mr. Rees is in quarantine because of the juror in the Tsarnas case who tested positive. "This is a Humboldt local health and public safety issue."

Regarding Daniels, Mr. Rees said that Daniels waived time for 18 months from April 2019 to December 2020. When all jury trials were suspended, Daniels withdrew his time waiver. "That type of gamemanship should not be rewarded with dismissal."

Mr. Rees and Mr. Timm argued that Daniels and one other defendant are out of custody and were not prejudiced because their trials were reset or continued. Even if Daniels was dismissed, People would refile charges. Mr. Rees brought up the alleged victims in Daniels' case who have been waiting for years. 

With Daniels, Judge Hinrichs found good cause to continue. Due to Deputy Conflict Counsel R.J. Leohner's objection, trial confirmation is scheduled for April 9 and jury trial for April 12. If Daniels cares so much about his speedy trial, why he isn't he in court? Daniels has not been in court for any hearings except one. Mr. Leohner seems to think the world revolves around only him and his client

 Daniels has four cases and is lucky to be out of custody. If you have read my coverage, this is a ploy to force a deal by Daniels. 

I agreed with a lot of what Judge Hinrichs said today and with Mr. Timm and Mr. Rees.  The defense attorneys and their clients are taking advantage of the situation. Unlike the other media, I have sat through hearings on all three cases and for once, these defendants did not walk scot free.

If California wants people to stay home, then they need to make it financially viable to do so for those of us who are not ultra billionaires. Cutting hours for those on the front line and those already struggling is not okay. Bills do not go away. There are many people and industries that rely on courts to be open. Is the government going to pay those bills and compensate for lost income?

The clusterfuck since last March is largely due to and the incompetent choices created by an abuse of power by Governor Gavin Newsom and Public Health and COVID 19 is just an excuse.

Newsom and Public Health can pay all my bills and everyone else's bills who they consider non essential for over a year. 

If your freedom, life, or livelihood hasn't been put on hold for over a year with no end on sight, if you are not out there working and dealing with the public in an extremely stressful environment, if you can afford to sit home, ordering Door Dash everyday, if you are commenting on Facebook on trivial bs and if your bank account can allow you to ride out the pandemic then you and your self entitled, self absorbed self can stfu and keep your worthless two cents to yourself about reopening and closures and the pandemic.

If you don't work in the court system or know how it works, you have no idea how COVID 19 restrictions impact and overwhelm a small, rural court system.

You won't find these impacts discussed in certain other media who have their heads so far up Public Health's ass so they can get special treatment. They are paid PR tools for the government to screw private industry. Real investigation and news reporting is asking tough questions and holding the system and establishment accountable.

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https://johnchiv.blogspot.com/2021/03/criminals-can-now-get-charges-dismissed.html?m=1#more