"I feel the legal system is allowing Mark Dare to victimize us.

 

Jane Doe #2 and Jane Doe #1 addressed the court today after Judge Christopher Wilson and attorney remarks.

Dare's former stepdaughters briefly but in powerful statements expressedthe constant continuances that have been par for the course in this case as well sentencing being postponed. Deputy District Attorney Whitney Timm also addressed the Court on her motions. 

Judge Christopher Wilson's remarks in court referred to what I pointed out in my most recent coverage of the Dare coverage.

Jane Doe #2 spoke first. She told Judge Wilson she had to take time off work. "It is terrifying to see the man who molested me for years. The terror when I smell Axe cologne. He thinks he can talk his way out of being a pedophile. I will be here fighting so another child doesn't get abused. I need to know your honor is on my side."

Jane Doe #1 said, "I feel unheard and disrespected. I feel the legal system is allowing Mark Dare to victimize us. " She talked about having to watch behind Zoom and having "date after date be continued."

At the last court hearing, Judge Christopher Wilson did not reopen the courtroom after his ruling on a Marsden motion, did not allow Deputy District Attorney Whitney Timm to give input and went ahead and scheduled a setting for the motion for a new trial  on 5/19 for convicted molestor Mark Dare. Since he did not reopen the courtroom, that also meant the victims and anyone watching the public livestream was denied access to what should have been addressed in open court.

Livestream has happened more than once in the Dare case and it has also happened with Judge Kaleb Cockrum. 

Today, there was a hearing scheduled on Ms. Timm's motion to set dates in compliance with Marsy’s Law.  She requested to advance the setting date and set a date for sentencing. 

Ms. Timm also requested in her motion to get the defense file or at have the judge order the file to be turned over to the court.

Judge Wilson said a Marsden hearing is held in a closed courtroom but the ruling is not cinfidential. He said it was "unclear what discussions happened in the hallway. The Court did not make a retroactive ruling that Mr. Reavis' performance was inadequate assistance but prospectively."

"Is there a colorful claim, is there a possibility that there was ineffective counsel? It is an open issue." Then he made a reference to Strickland.

 Strickland v. Washington, 466 U.S. 668 (1984) is a case that determines the appropriate standard for ineffective assistance of counsel.

"Mr. Clanton has not filed a motion for a new trial," said Judge Wilson. If he does, "that includes disclosure to the other side."

"I apologize I did not include you Ms. Timm in the setting and that implies the victims as well," said Judge Wilson.

Mr. Russ Clanton said he needed the trial transcript to make a determination. Once again, he played the I don't know how the Court wants me to respond to Ms. Timm's motion. 

"Going forward, I have made the finding that Mr. Reavis cannot adequately assist his client," said Judge Wilson. "If Mr. Clanton opens the door; whatever allegations he may make; I suppose I can issue an order that defense counsel preserve any interaction between Mr. Dare and Mr. Reavis."

Judge Wilson asked Ms. Timm to submit the order.

"It has never been expressed to me or the Court that a transcript is needed," said Ms. Timm. "He is attempting to relitigate issues Judge Cockrum has already decided. I wasn't at the Marsden hearing. I don't know what Mr. Clanton said to the Court. The victims for four years have objected to every single continuance. Here we are 7 months, post conviction."

Ms. Timm said the victims have to miss work every time the hearing is continued. "They have shown up, they are ready to proceed, they have done everything the Court has asked them to do."

"This is not because of prosecutorial misconduct or the government," said Ms. Timm. "This is because of the decisions Mr. Dare and his defense attorney made."

Judge Wilson said that he realizes the delays are "traumatic and frustrating. The issues addressed by Judge Cockrum are closed. If we do this properly, we will not see it back on appeal."

Setting for any motions, including if Mr. Clanton files a motion for a new trial and status of sentencing is scheduled for May 19. 

I am not going to give more space to Mr. Clanton's lameass excuses. For someone who represents most of the convicted as well alleged pedophiles and molestors and is constantly asking for delays and continuances, the same strategy speaks more than words. Maybe, he needs to stop taking so many clients because they are the ones that pay for his greed. Other attorneys practice in multiple counties and take on cases but they manage. 

Mr. Clanton used the same preliminary hearing transcript excuse in another case in another courtroom with similar remarks. Yes, things take time in Humboldt Superior Court; and maybe the delay is there but in this case, the request was after he was appointed. I believe Ms. Timm, the court reporter over the local attorney who defends most pervs in Humboldt Superior Court and thinks every freaking perv that molests children is innocent despite overwhelming evidence. 

Court administration could have found another attorney instead of Mr. Clanton.  Mr. Reavis basically suggested he be relieved. If you read the previous coverage, you can see for yourself that Ms. Timm and the victims are correct. 

Justice, in the rare cases it does occur in Humboldt is often delayed by manipulative perverts and others who work the criminal justice system and take full advantage of the chaos and local backlog and selective application of laws. Like everything else in Humboldt, it is about money and the incestuous cabal of marriage, friendships and the good ole Humboldt network and the sycophants who destroy lives and cause suffering to innocent people. 

God does not cause suffering; evil, weak,spineless people do. 

Previous post:

https://johnchiv.blogspot.com/2021/04/mark-dares-marsden-granted-reavis-out.html?m=1