John Chiv: "I am not impugning anyone's character; I am stating facts"

Nov 30, 2021

"I am not impugning anyone's character; I am stating facts"

Ray Christie had a hearing scheduled this morning. It was on two defense motions noticed for this date.

As I mentioned in my last post, this hearing should have been scheduled by Judge Christopher Wilson when he was available.

Instead, it was scheduled in front of Judge Timothy Canning who is disqualified from this case. Courtroom 5's buddy court used to be Courtroom 2 which meant Judge Kaleb Cockrum. Despite multiple requests from defense, Judge Canning refused to have another Judge hear the case.

I leave it to readers familiar with Humboldt injustice and selective/ double standards, whether this scheduling was intentional, arrogance, a waste of taxpayer dollars or all of the above.

In Humboldt and Humboldt Superior Court, you are at the mercy and whim of petty, unprofessional, small town jokers in every area of life who need to play games and politics to feel powerful. The Magney case making national headlines wasn't embarassment enough.

The courts are no exception. If the California Judicial Council and California Commission on Judicial Performance actually worked and gavea damn about justice, they would have the state step in and investigate complaints and concerns.

Mr. Richmond travels from Los Angeles for every hearing.

The trial judge is Christopher Wilson and he is the Judge assigned to Courtroom 5. Attorneys were aware he is gone until January 3.

Present with Christie in court was Mr. Rick Richmond. Two of Mr. Richmond's associates, Caroline G. Glennie-Smith and Jodie Koo were present via Zoom.

Deputy District Attorney Steven Steward appeared via Zoom from a hotel room. He mentioned that during the hearing and the lack of appropriate attire for court.

Judge Canning said he was disqualified and could not make substantive rulings. Judge Canning said he would reschedule the hearing.

As of 11:53 p.m.,1:30 p.m. and 2:56 p.m. on 11/29/21, there had still been no filing by the DA in response to the defense motions. As of 7:45 this morning, before court, there was nothing filed by the DA's office.

The e court system was finally fixed to reflect the pending charges against Christie.

I just did a lengthy post on Friday and if you did not read it, then you should read that as well as other previous posts for context, information about this hearing and my observations about today.

https://johnchiv.blogspot.com/2021/11/did-deputy-da-steward-lie-to-or-mislead.html?m=1

Today's hearing is a preview of the Richmond vs Steward showdown on December 27 when there will be an evidentiary hearing on the motions. Sgt. McCall will be one of the People's witnesses. Mr. Steward gave a 2 hour time estimate. Mr. Richmond said his cross examination of Sgt. McCall alone will be two hours and gave a 1 to 2 day estimate. Judge Canning scheduled it for one day.

Mr. Steward: "I have no objection to setting a future hearing. The People may use evidence seized and recorded from the federal raid for the upcoming trial."

Mr. Richmond: "I don't agree with that; we put a noticed motion for today. Judge Wilson reminded people on November 15 that the People had to respond to this motion. They had the opportunity to respond to the unconstituional raid. The People have not filed an opposition. The People have no defense to the motion."

Mr. Steward: "The People received a report from Sgt. McCall to this 1538.5 on November 18. I first read the report on November 18. That report is available. In terms of our reesponse to that 1538.5 motion, the People's position is that the evidence was seized lawfully. I ask for no ruling today."

Mr. Richmond: "Mr. Steward did not receive the report on November 18. We have a sworn declaration stating he received the report the week of November 8. The Sheriff's office gave a preliminary report on October 19. The District Attorney's Office and I have been going back and forth."

Mr. Richmond read an email from Mr. Steward saying that "most of the evidence is exculpatory"; "your client is continuing to abuse those animals."

"Mr. Steward knew as early as October 19. Sgt. McCall gave a full report on November 19."

Mr. Steward: "I wasn't anticipating appearing today. I received the defense's reply. It very clearly calls into question my truthfulness. I am appearing from a hotel room. I have a file stamped copy of when the report was received. The declaration is from Mr. Avelar. "

"Mr. Avelar is the subject of an investigation by Sgt. McCall. I object to Mr. Richmond throwing my integrity and reputation into question."

Mr. Richmond: "I am not impugning anyone's character; I am stating facts. There is a sworn declaration from Sgt. McCall. Why didn't they file an opposition? This keeps happening to Mr. Christie on the eve of trial. No discovery; no evidence."

Mr. Richmond said "in the past bailiffs have prevented me to have Mr. Christie be by counsel's table. " He brought this because he had to go back and forth to talk to Christie during the proceedings.

Judge Canning: "I do agree with Mr. Richmond these issues need to be addressed sooner than later."

It took five minutes to schedule the December 27 date. Judge Canning tried to schedule it sooner but court schedule was jammed, Mr. Steward has a murder preliminary and is off on vacation; again in December. The one day Christie couldn't do it for a scheduled surgery. He has been at every hearing and rescheduled this medical appointment, at least twice.

Judge Wilson likes to chastise attorneys when hearings are not productive and continued. Yet, that is a situation he has created repeatedly in the Christie case.

If you have not been following the detailed, regular coverage including the exclusive information on the federal raid at Christie's home; you need to read the previous posts.

11/30/21 court minutes: