"The victim has had his life on pause for three weeks for what should have been a three day trial."

 

On June 3, I reported that alleged rapist Darrius Upshaw's trial had an unexpected delay. His attorney, Mr. Russ Clanton was not there, Upshaw was not there and no one from Mr. Clanton's office was present.

Today, a hearing was  scheduled to see if and  when the trial will resume. That is still up in the air but we got a little more information. Ms. Sara Zalkin appeared on behalf of Mr. Clanton. 

Judge Kelly Neel told Upshaw, "As you guessed, Mr. Clanton is not available today."

"Mr. Clanton has a family emergency and is not available this week," said Judge Neel. "He expects to resume this matter on June 15."

"As the court is aware, an out of state witness is subject to recall," said Deputy District Attorney Carolyn Schaffer. "I emailed Mr. Clanton to see if the witness can return home and be subject to recall via Zoom."

Mr. Clanton refused to have John Doe #2 testify via Zoom prior to the trial. He and Upshaw have had the opportunity to cross examine John Doe #2 in person. Even before this family emergency, Mr. Clanton is the reason this trial has been delayed. There is a financial cost and personal cost. There is no reason,now, Mr. Clanton cannot agree to a Zoom appearance by John Doe if he is recalled. 

This trial has been excrutiatingly slow and extremely draining due to the drawn out, irrelevant, typical waste of court time by Mr. Russ Clanton. He goes on and on and if you have read the coverage of all the convicted pervs he has represented who are now in prison, you know the show he puts on does nothing for his client.

All day trials take a toll and those involving rape, sex abuse are the worst. I have yet to post the rest of John Doe #1's and all of John Doe #2's testimony because of these reasons.

"The victim has had his life on pause for three weeks for what should have been a three day trial," said Ms. Schaffer.

"The witness has already changed plans twice," said Judge Neel. "It does not seem reasonable that this person incur travel expenses."

Ms. Schaffer said that the People covered John Doe #2's airfare but he is a student and "his life is on hold."

Ms. Schaffer said if the witness has to be flown back for the trial, the defense should cover those expenses.

Ms. Zalkin said she couldn't speak for Mr.Clanton. She would try her best to reach him. Status of trial was put over to tomorrow afternoon at 1:30.

6/9: Defense has no objection to John Doe #2 testifying via Zoom; if he is recalled. Trial will resume on June 15. People have three additional witnesses.

Previous posts (jury trial coverage):

https://johnchiv.blogspot.com/2021/06/darrius-upshaw-jury-trial-schedule-in.html?m=1

https://johnchiv.blogspot.com/2021/06/porns-erections-masturbation.html?m=1

https://johnchiv.blogspot.com/2021/05/snapchat-fraternity-rituals-preference.html?m=1

https://johnchiv.blogspot.com/2021/05/person-who-took-video-of-john-doe-1s.html?m=1#more

https://johnchiv.blogspot.com/2021/05/i-had-never-heard-of-another-brother.html?m=1

https://johnchiv.blogspot.com/2021/05/hsu-chi-phi-unofficial-event-with.html?m=1