How a World War 2 case, COVID and defense strategy got convicted human trafficker David Anderson a plea deal he doesn't deserve

 

I have posted on speedy trials and motions to dismiss in Humboldt Superior Court recently and the reason for these defense motions are that the defendant's right to a speedy trial has been violated.

Some discussions are on record, others off record. 

Plea deals are a part of the court process. Both the prosecution and defense take a risk at jury trial. 

Convicted human trafficker David Anderson's sentencing was continued from March 17 to April 1. Anderson entered a plea and resolved his case before his jury trial. Anderson got quite a deal given his criminal record and a previous conviction for human trafficking.

Anderson's attorney, Mr. Michael Acosta told me,  "This motion was never heard. It was filed before the resolution so it was never scheduled.  It was part of the pressure I put on them to resolve on those terms."

Mr. Acosta shared a segment of an email he sent to Deputy District Attorney Stacey Eads on 2/18/21.

"...i forgot to add the waiver of appeal rights on the plea form, but we can do that on record tomorrow. I think it's a significant concession, and was certainly one he didn't like, given the uncharted waters that the COVID extensions represent.  He would be the case most affected by the extensions, and so, academically speaking, the procedural facts would make for a good appeal. but we will waive all appellate issues if this goes through,..."

Mr. Acosta shared some other thoughts, including an oral argument he heard in court by Deputy Conflict Counsel April Van Dyke about World War 2 and case law she presented about the pandemic not being good cause.

We have some very good Judges, attorneys  prosecutors, private defense attorneys and Public Defenders in Humboldt. What they manage to do constantly fighting the local system and now with the added COVID 19 challenges is something that cannot be adequately expressed unless you see them in action, day in and day out.

From Shouse Law:

Penal Code 1382 PC is the California statute that requires criminal trials to begin within a set time after a defendant’s arraignment. For felony cases, the window is usually 60 days. For misdemeanors and infractions, it is 30 or 45 days.

These time requirements help protect a criminal defendant’s right to a speedy trial. This right is protected by both the United States Constitution and the California Constitution.

there are exceptions that allow a trial to take place after the time periods set forth in this statute. For example, a trial may get lawfully postponed if:

the accused consents to or requests a later date, orthere is a “showing of good cause.”

If a defendant is not brought to trial within the time specified in PC 1382, then the judge may dismiss the case.

This dismissal only happens, though, if the defense counsel brings a successful Serna speedy trial motion. A Serna motion is a legal argument stating that the defendant’s right to a speedy trial has been violated. The motion is brought during the pretrial process.

Previous post:

https://johnchiv.blogspot.com/2021/03/would-be-nice-if-court-could-inform-why.html?m=1