Finally today, an evidentiary hearing was scheduled on the petition for outpatient status in the Ewa Misztal case.
Even though it is an all day "special set request" for August 27; there is no guarantee. Defense plans to call "one; possibly two witnesses." People are not sure how many witnesses they will present. Both parties stipulated to testimony by Zoom.
The summer schedule due to COVID 19 and court backlog has several jury trials so preliminary hearings and all other hearings are being scheduled but whether anything proceeds is uncertain until the last minute.
Many of you followed the Misztal case for years. She pleaded guilty in 2018 to two added counts; voluntary manslaughter as well as child endangerment and abuse. After that plea, there were several hearings and she was sent to the State Hospital.
Before she left and for two years now, Deputy Public Defender Casey Russo has been advocating for her to continue her treatment as an outpatient.
Deputy District Attorney and the People have been in opposition.
8/27:
4/7/22: Defense motion granted for return of property. No objection by the People.
3/1: Petition for outpatient status
continued to 4/3. Continued again to 4/17.
4/17: Outpatient status CONREP report contined to 4/24. Competency hearing PC 1368 scheduled for 5/11.
4/24: Outpatient status report contined to 5/3.
5/3: Court cannot hear the matter without stipulation of counsel. Attorneys state competency hearing scheduled for 5/11 will not be needed and request the petition for outpatient status be scheduled on 5/11 instead.
I am not going to keep reporting on continuances and every hearing.
Last three posts:
https://johnchiv.blogspot.com/2021/05/defense-expert-report-leads-to-yet.html?m=1
https://johnchiv.blogspot.com/2021/03/the-outpatient-vs-state-hospital-debate.html?m=1
https://johnchiv.blogspot.com/2020/07/i-really-appreciate-work-you-put-in.html?m=1
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