"A year ago, attorneys could access holding cells. It was a mistake."

 

More motions in limine were heard in the Jason Smith jury trial today. I was not planning on covering this trial; let alone motions in limine in detail but this case and the defense motions have highlighted some concerns about local courts, jail and the criminal justice system which in a small rural county like Humboldt have dire consequences.

Deputy County Counsel Natalie Duke appeared on behalf of the jail. Sgt. Waxler was there to answer questions from the  Sgt. Corrall was were supposed to be there via Zoom but wasn't present.

Ms. Duke is still employed by the county despite disciplinary charges filed against her by the State Bar. I am the only one who has reported on this news.

Ms. Duke addressed visitation in the correctional facility. She acknowledged that the jail has mesting space restrictions due to COVID. "If holding cells were open to Ms. Van Dyke, it would create a security risk," said Ms. Duke

"A year ago, attorneys could access holding cells," said Ms. Duke. "It was a mistake." She said it is not allowed due to COVID 19 and social distancing.

Ms. Van Dyke said holding areas

"The screening at the jail is different than the Courthouse,"  said Deputy Conflict Counsel April Van Dyke. "I think there the Courthouse screening is more rigorous than the jail." She clarified this was pertaining to screenings for attorneys and not civilians.

I don't know how it is now but when Sgt. Marco Luna was in charge of the jail, I would say the part of attorneys vs civilians is exactly as Ms. Van Dyke described for lawyers. There are different rules for civilians.  At the courthouse, it does not matter who you are, you go through the same screening unless you are HCSO.

"The visitation hours are limited," said Ms. Van Dyke. "It is not tenable during trial."

The visitation hours are an issue. Attorneys, particularly Public Defenders are in court all day. Court schedules are meaningless here. It is difficult to visit inmates and each housing unit has their times and restrictions. Most cases in Humboldt have Public Defenders. 

Judge Cockrum mentioned in this case recently, he was a defense attorney and "he knows how it is"; he was actually a Public Defender. Despite that he ruled against the defense motion. Judge Cockrum said, "Ms. Van Dyke has enough time during lunch, breaks, mornings and weekends."

I know Judge Cockrum isn't obtuse. The local Judges are defer to the jail. Judge Cockrum is well aware Ms. Van Dyke has several cases and during breaks, she is appearing or taking care of talking to her colleagues about other clients. Whether she has sufficient time is an opinion. It is obvious that Humboldt wants to shove trials through because the Presiding Judge and local judges refuse to take responsibility for the backlog which existed pre COVID.

Ms. Van Dyke brought up that the "guard indicated they didn't have a shower order." Judge Cockrum said appearing daily for trial "was akin to going on a job interview" and ordered Smith should be able to have a daily shower.

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