What was supposed to be a simple post on a preliminary hearing for a frequent criminal developed into a convoluted mess. This is a long and detailed post but necessary. It isn't chronological and easy to follow but that is due to many factors in Humboldt Superior Court. 39 cases are a lot to sort through, especially with four scheduled today and all sorts of last minute changes and details.
Judge Timothy Canning shafted Bob Beland's family and the public in Ryder Stapp's case. Judge Canning showed the same disregard for public safety in Cory Nelson's case.
Judge Canning may get a chance to screw the public once again at a bail review hearing in one case and continued arraignment in Nelson's latest case this Friday.
The bail, according to schedule, was $750,000 in Nelson's mayhem, assault and robbery case. Nelson's exposure was 25 years to life. Judge Canning set it at $75,000. Deputy District Attorney Trent Timm has requested a bail review hearing in that case.
What will Judge Canning's ruling be Friday? Is he man enough to admit his mistake or will he pull a what I call "an Elvine-Kreis"? If you have been reading my posts on Judge Gregory Elvine-Kreis you will get the relevance.
The Nelson case highlights the importance of having a qualified Judge. Here is another example In Judge Canning of someone who was a Commisioner and assigned to be a Judge too quickly instead of a more qualified candidate.
Judge Canning is very arrogant and like Judge Gregory Elvine-Kreis, their failure to understand and follow the law impacts and destroys innocent lives.
The wrong with Nelson may have been corrected had Judge Christopher Wilson been able to complete arraignment today. Unfortunately, arraignment was continued because as it often happens, Mr. Russ Clanton was unavailable. He did inform the clerk's office but it does not seem in time because other cases for him this afternoon were also continued.
The People will be amending the complaint in Nelson's kidnap case. Due to time constraints and deadline to arraign him, a different Deputy DA charged the complaint on the kidnap case. That Deputy DA wasn't aware of Nelson's entire criminal history. Now, Mr. Timm has the case and he throughly outlined the charges and Nelson's rap sheet for Judge Wilson.
At least, Judge Wilson set bail appropriately and according to schedule in Nelson's kidnap case this afternoon. The bail in that particular case is $335,000. It is set without prejudice. Mr. Timm gets to argue for no bail which he requested today. Since Mr. Clanton was not there, Mr. Timm has to repeat his argument for no bail in front of Judge Canning along with the bail review in the mayhem case.
Humboldt is very lucky to have Mr. Timm. His argument in Nelson's case, especially about bail, was excellent. Mr. Timm also happened to be the Deputy DA who argued for bail in the Ryder Stapp case.
Judge Wilson commented twice on record, "your argument is well taken " to Mr. Timm. In the kidnap case, bail for Count 1 is $195,000. Count 2 $50,000 but could increase. For each 12022.1 allegations; there are three, it is $30,000 each so another $90,000. Total bail $335,000. In the amended complaint for the kidnap case, special allegation of 667 (b) through (i) will also be alleged.
Nelson had three cases on calendar this morning scheduled for a preliminary hearing. Two were from 2021. One from 2020. Th fourth case was the new one with the kidnapping charge and it was scheduled this afternoon for arraignment.
Nelson is a strike felon. In the kidnap case, his exposure has doubled and is 50 years to life.
The three cases have yet to have a preliminary. They were continued today due to the new case. There have been numerous continuances by the defense in these three cases.
Nelson was arrested in February 2021 for mayhem, assault and robbery. "The 51-year-old male victim had visible injuries to the head and a gunshot wound to the groin area." Mr. Timm requested a bail review hearing in that case.
He wasnt the Deputy DA who was present when Judge Canning set the ridiculously low bail.
Nelson has a parole hold. In 2018, Nelson was sentenced to a prison sentence for PC 245 (a). He served three years. After that, he picked up the case with VC 10851 and 29800 (a) (1). Then he shot the man in the testicle. The man lost that testicle.
Judge Canning's mistake with bail in the "testicle"/mayhem case allowed Nelson to be out of custody. While on bail, he kidnapped a woman. This would make it his second strike offense.
"The kidnap was viewed by different parties, we dont even have to rely on the victim," said Mr. Timm.
This afternoon while arguing for no bail, Mr. Timm said, "Clearly, any kind of bail has failed to protect the public."
Nelson has 39 cases in the system; most are criminal.
Posted below are court records to the four cases scheduled today.
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