(Vitolo)
(Upshaw)
I did a post on Friday about the Waterfront explosion suspect Darin Vitolo and alleged rapist Darius Upshaw's cases being assigned to Judge Kelly Neel. One of those cases was reassigned last minute.
Deputy District Attorney Luke Bernthal is the prosecutor on Vitolo's case. Deputy Public Defender David Celli is Vitolo's attorney. That case was #1 in line. It was assigned to Judge Kelly Neel, then sometime between Friday and today, it was assigned to Judge Timothy Canning. Jury selection started this afternoon.
Upshaw is "traling" and is #4 to "go out." Deputy District Attorney Carolyn Schaffer is the prosecutor. Mr. Russ Clanton is Upshaw's attorney.
Out of state witnesses need to be quarantined and flights were not booked because there is no date set. That was not addressed today.
Another intervention and hearing is set for 3 p.m. on May 5 to see if the case will resolve and if Upshaw will waive time. Both parties agreed to a court trial and dates were set for May 25, 26 and 27.
The People made an offer to resolve the case if Upshaw would plead to one count each for both John Does. Upshaw can chose if it is PC 287 (i) or PC 287 (f). Remaining counts will be dismissed.
5/4: There was intervention. Case did not resolve today. Upshaw waived time. For now, May dates remain set.
Previous post:
https://johnchiv.blogspot.com/2021/04/no-dark-days-allowed-for-jury-trials.html?m=1
Related posts:
https://johnchiv.blogspot.com/2021/04/no-bail-to75-000-bail-for-waterfront.html?m=1
https://johnchiv.blogspot.com/2021/04/former-hsu-student-darrius-upshaws.html?m=1
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