"We are in unusual times in getting trials out"

People's motion to compel discovery in murder suspect Pamela Millsap's case was continued to this morning. The defense had filed a motion to continue. Both motions were granted by Judge Kaleb Cockrum.

Deputy District Attorney Whitney Timm is the prosecutor for the case. Deputy Conflict Counsel April Van Dyke is Millsap's attorney.  

"We  sent an email to Ms. Van Dyke on February 17," said Ms. Timm. "That email was ignored. We are within 30 days of trial."

Ms. Van Dyke responded with citing a couple of cases mentioned in the People's motion. She said those cases indicate times when the Court has precluded testimony. 

"The 6th amendment permits the defense to obtain witnesses in their favor," said Ms. Van Dyke. "The 5th amendment of the Constitition also precludes defense being witnesses against themselves."

"Once I have the reports and when I have decided who to call, I will provide that evidence and information to the People," said Ms. Van Dyke. "I am willing to provide more information to the Court ex parte but I am not stating my defense strategy in open court."

"We have a trial date set," said Ms. Timm. "Ms. Van Dyke needs to provide me with the information. If she is indicating 6 months post prelim that she is not ready than that is entirely different than what she states in her motion. She states that she cannot do this trial because she is in another trial."

Judge Cockrum ruled that "defense was ordered" to abide by the motion to compel. "It is a statutory requirement" according to PC 1054.3. "I am not saying what evidence or information should be turned over." Judge Cockrum said it would be noted in future court hearings "whether counsel has been diligent."

Regarding the motion to continue Ms. Van Dyke said, "We are in a small county. The trials are a delay/go; delay/go. Several individuals are in a not time waived status."

"The Tsarnas jury trial is quarantined until Monday," said Ms. Van Dyke. " I have a in custody life top case trailing Tsarnas that is expected to last six weeks and then an in custody 211. I cannot coordinate her defense in an effective way. This case is complex." Ms. Van Dyke added that Millsap is out of custody. 

"The People are ready to proceed," said Ms. Timm "The Court should make this case a priority. In this case, a child was killed. If the Court grants the continuance; it should be set at the earliest date possible."

Judge Cockrum presided over the preliminary hearing and is familiar with the case. "We are in unusual times in getting trials out."

Jury trial for March 29 was vacated. Trial confirmation is scheduled for June 10. Defense needs to provide discovery to the People by that date. Jury trial was reset for July 12. Millsap was present and appeared via Zoom.

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