Earlier this morning, I reported that the defense had filed a motion to dismiss in Jeff Tsarnas hit and run jury trial.
Judge Timothy Canning heard arguments after jurors were excused and is expected to rule on the defense motion at 2:15.
Jurors are returning at 2:30 and depending on the ruling, defense is expected to present their case.
Deputy Conflict Counsel April Van Dyke had stated this morning that "destruction of exculpatory evidence" and "illiciting testimony that is untrue" were reasons for her motion.
A motion was denied yesterday about DA Investigator Aubochon. That could be overturned. Ms. Van Dyke presented information later this morning inthat addressed Craft admitting she lied, Trombetta and other case law. The DA investigator did not record or report on Craft sharing this with him. Ms. Van Dyke, in her argument said, that the people blocked this information at preliminary hearing. Had she not done her own investigation, this would have never come out.
Deputy District Attorney Roger Rees response to Ms. Van Dyke's detailed argument on the motion to dismiss was brief.
Mr. Rees said Ms. Van Dyke should have refreshed CHP Sgt. Matt Harvey's memory; witnesses "get cold feet" referring to Craft and regarding Trombetta, "destroying evidence is not what we have here."
Judge Canning already granted the defense motion to dismiss the special allegation.
Regarding the 1118 motion to strike that special enhancement, Mr. Rees simply said, "Ms. Van Dyke's motion is well taken.
Afternoon update: Judge Canning found a Brady violation by the People but not intentional or in bad faith. He denied the defense motion to dismiss but without prejudice and subject to renewal if there is a conviction by the jury. His main reason for denial was that there was no showing of prejudice to warrant dismissal.
After his ruling we find out that the People did not let the defense know that Mr. Patrik Griego was not the alleged victim, Marie Kelly's attorney; that Kelly's civil case was settled with the insurance company and not Tsarnas and that the deputy DAs knew this because they were texting with Mr. Griego during the trial. So how much prejudice needs to be shown during the trial for Judge Canning to grant a dismissal?
Shouse Law: A Trombetta motionis a legal motion that a criminal defense attorney will file with the court when: evidence was gathered in a case that was (or might be) helpful to the defendant, and the evidence was destroyed or mishandled by the police or prosecutor.
Earlier post:
https://johnchiv.blogspot.com/2021/03/defense-files-motion-to-dismiss-in-jeff.html?m=1
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