John Chiv: Convicted molestor and rapist pulls a ploy to delay sentencing

Jun 23, 2021

Convicted molestor and rapist pulls a ploy to delay sentencing

A convicted molestor and rapist faces another prison sentence; this time 25 to life and pulls the motion for a new trial ploy to delay sentencing.

Judge Christopher Wilson is gone again and Retired Judge John Feeney was going to set a date for sentencing. Instead, he ended up hearing about a motion for new trial and a preview of Mr. Clanton's argument.

Assistant District Attorney Stacey Eads is the prosecutor. Mr. Russ Clanton is Flowers' attorney.

Mr. Clanton is waiting for trial transcripts there is a backlog. Mr. Clanton's brought up discovery "which ended in a Trombetta issue which played out at the preliminary hearing and the trial and requires a transcript."

Ms. Eads briefly put some remarks on record. "There wasn't a discovery issue." She mentioned that there was a video of a sexual assault involving the prior molestation charge, and some remarks about when they learned about it and the process of obtaining it. "Mr. Clanton wanted us to seize the victim's cell phone which is unlawful."

Mr. Clanton's argument about technology and cyberworld and discovery sounds very similar to what he tried in the Darrius Upshaw case and failed. Judge Feeney cannot rule on any of this as he mentioned. Judge Wilson has to hear the motion.

Setting for sentencing for Flowers was continued to August 8. A motion for a new trial will be heard the same day. A status review hearing for trial transcripts is scheduled on July 1.

On April 7, a jury Michael Flowers guilty on all three charges: rape, forcible sexual penetration, and acquiring a person for purposes of prostitution.

"Fortuna resident George C. Feack abandoned Doe alone with Flowers. Ultimately, Flowers raped, forcibly sodomized and sexually penetrated Doe with his hand. Feack reportedly received $100 from Flowers for delivering Doe. "

"At trial, Doe testified she was fearful of both Flowers and Feack, and she submitted to the sexual abuse by Flowers in part due to what she had been told of his past."

"Flowers was sentenced in Tuolumne County in January 1994 to serve 50 years in prison for committing three counts of continuous sexual abuse of a child (involving three of his step-daughters), and the attempted murder of Flowers’ then wife, who took her children’s reports of sexual abuse by Flowers to law enforcement. Tuolumne County court records further indicate that charges of sexual molestation of his fourth stepdaughter and arson of an inhabited dwelling were dismissed as part of the negotiated plea. Flowers was released on parole to Humboldt County in 2018.

Jane Doe was the key witness in the trial just completed. Women sexually abused by Flowers during their childhood also provided testimony, as did Flowers’ former wife, who he attempted to murder."

7/7: Nothing is happening except dates being continued for status of trial transcripts. Next date for the same hearing is August 3.

8/3: Sentencing is scheduled for 9/30/21. Deadline for defense to file motion and DA response is in court minutes.