"Here we are almost a year after Mr. Dare has been convicted by a jury"

 

Yet, another continuance for convicted molestor Mark Dare. On September 16, Judge Christopher Wilson deferred his ruling on the motion for new trial and setting of sentencing to October 1. 

"As I see it, there are four different issues in Mr. Clanton's response ," said Deputy District Attorney Whitney Timm. "One, Mr. Dare not receiving discovery. Second, CALCRIM 372 advisement to the jury. Third, Testimony from the people's expert. Fourth, Mr. Reavis not calling a computer expert."

Ms. Timm said there was no legal authority presented by Mr. Clanton. Judge Cockrum recused himself. "That recusal was solely based on his knowledge of Mr. Reavis' discovery practices," said Ms. Timm. "In every other aspect, he was an impartial judge." Ms. Timm said Judge Cockrum made previous rulings and all other previous rulings by him should not be relitigated.

Regarding discovery, Ms. Timm said, "Mr. Dare has failed to meet the Strickland prongs. He never said anything about discovery during the trial and only brought it up after the verdict. Ms. Timm cited People v Bowen. That is a California Court of Appeals decision.

"Mr. Dare contemplated suicide the day the allegations came out," said Ms. Timm. "CALCRIM 372 was modified. "

Regarding the People's expert, it was not referenced in closing argument, said Ms. Timm. "There was no prejudice. Mr. Reavis asked that question. That was a tactical decision by Mr. Reavis based on the theory of the defense case. CaLCRIM 93 instruction was read before the testimony. That admonishment was given to the jury after the testimony and again after the trial. "

"Here we are almost a year after Mr. Dare has been convicted by a jury," said Ms. Timm.

Judge Wilson said he will decide whether "Mr. Reavis' performance meets the Strickland standard. 372 is an appellate issue. I am not sitting in apellate review. That is not in scope of this proceeding."

I am so fed up of covering the same issues being addressed and readdressed because Humboldt Superior Court Judges don't have the balls to stop the needless abuse of convicted molestors such as Dare and other defendants from gaming the system.

Even Dare's current attorney, Mr. Russ Clanton, said to Judge Wilson, "Anything I would say is repetitive." 

On one hand, Mr. Clanton said former Public Defender Marek Reavis is a "trial attorney he respects". On the other hand, the reason for a motion for a new trial for Dare is ineffective assistance for counsel.

The ineffective assistance for counsel charade has been so obvious for months. If you read my previous posts and Mr. Reavis' remarks, it is not a surprise.

Dare had his Marsden hearing, he has had the same issues addressed over and over again and there have been rulings. Dare has no grounds for appeal. Judge Kaleb Cockrum was meticulous when he presided over the trial. The jury for this case was one of the best. They were attentive, hard working and they made the right decision based on the evidence. 

Mr. Reavis dragged out this case for years until he had to take it to trial. Now the sentencing is being dragged out. Mr. Reavis and Dare had no case; no evidence; just their massive egos and stubborness. Dare is a freak, a pervert and a molestor. 

I do not understand why Judge Wilson who stated at this recent hearing that Deputy District Attorney Whitney Timm has presented case law and good legal arguments is so hesitant to rule and deny the motion for new trial. 

Why are Humboldt judges so concerned about apellate issues in this case and certain other cases when it is a no brainer yet have double standards in other cases where their rulings should and will be appealed?

The victims in this case and their father don't have much money. They don't have the "Humboldt connections." Certain judges in Humboldt Superior Court and the Humboldt Superior Court administration consider certain victims and defendants dispensable based on status and wealth. People are treated differently in the criminal justice system but Humboldt takes it to a obnoxious and blatant level.

The victims and their father had to take time off for the nth time and sit in another court hearing where Dare gets to jerk everyone around. It costs everyone else time and money. Dares' costs are being paid by us.

Presiding Judge Joyce Hinrichs, Assistant Presiding Judge Gregory Elvine-Kreis (who is currently broiled in a lawsuit), their favorites in court administration, their incompetence and mismanagement  has led to constant backlogs with cases being shuffled from Judge to Judge and Judges playing musical courtrooms. Maybe they need another lawsuit to wake up? 

Government and courts spend taxpayer money like it is a Monopoly game. 

I have previously written about the small town dynamics and relationships between Judges and the defense attorneys in this case and other cases. Judge Cockrum recused himself. This case should have been assigned to a Visiting Judge. 

Only Judge Cockrum, Judge Kelly Neel and Commissioner Fran Greenleaf recuse themselves and show ethics in every single case. The rest of this current bench needs to get off their high horse and recuse themselves and show some respect for the law and robe they wear.

On October 1, I Judge Wilson needs to make a ruling and set a date for sentencing. I am not wasting any more time regurgitating the same information that has been addressed in and readdressed in court for months in yet another update. 

Dare needs to be sent to prison immediately instead of using up a bed in jail and continuing to prey on his former step daughters. No one was in court to support Dare.

If you havent followed my detailed posts on this post, then google the case. I have linked three previous posts. 

Last three posts:

https://johnchiv.blogspot.com/2021/08/another-continuance-for-convicted.html?m=1#more

https://johnchiv.blogspot.com/2021/05/is-humboldt-superior-court-trying-to.html?m=1

https://johnchiv.blogspot.com/2021/04/i-feel-legal-system-is-allowing-mark.html?m=1