John Chiv: "We need the Court’s help in shaping this case for trial. Since the day we took over Mr. Christie’s defense, we have faced the same overarching problem, which has only become worse with the passage of time."

Ray Christie's lawyer, Mr. Rick Richmond, had said at the December 27 hearing he would be filing a motion to continue.

Today, the defense filed two declarations by Mr. Richmond, a motion to continue trial and related orders.

Defense was unable to file an application for order shortening time which was rejected by the clerk.

When I spoke to Mr. Richmond, the reason given to the person filing was that Humboldt Superior Court only accepts OST paperwork two days before the hearing.

If that is what the clerk said, it is contrary to what it says on the Humboldt Superior Court website.

The two day requirement is not stated for OST in the local rules. I found this on the website. From my own experience, some clerks give out incorrect information. I have had to bring it to the attention of supervisors and court administration.

In the past, the local rules were "I told you so". At least now they are on the website but one has to know where to look for it.

Defense will try to file it again on Monday. Courts are closed tomorrow.

I am adding two documents to this post.

I am also including the text of an email Mr. Richmond sent to Deputy District Attorney Steve Steward. This for those who want the cliff version instead of reading the entire post.

"Steve,

Attached are a motion for trial continuance and related papers.

The motion, its supporting declaration, and the draft order were all accepted by the clerk’s office and filed a short time ago.

The application to shorten time was turned away by clerk’s office, for reasons I do not yet understand and it’s too late in the day to figure it out now. We will try again on Monday.

After reflecting on our hearing earlier this week, I felt it was best to front the major evidentiary issues in the form a motion for a trial continuance. Rather than wait until January 18 to discuss these issues with the Court, I am trying to have the discussion when we are all together next Friday and want you to be on notice of that effort so you can be properly prepared.

Thank you,

Rick"

Declaration by Mr. Richmond:

Defense Motion to continue:

Today was the deadline for discovery. I spoke to Mr. Richmond later in the day and he said the People sent them some more discovery today. He is still going over it all.

There is a hearing already scheduled on January 7 on the defense motion to dismiss criminal charges against Ray Christie or suppress evidence from the March 2018 raid. The motion to continue is scheduled for the same day.

Mr. Steward is the prosecutor for the case. Deputy DA David Moutrie is listed in the December 28 court minutes but he has not been at several, recent hearings.

As of 11:50 a.m. there had been no filings by the D.A. I checked again at 1:35 and the D.A. had not filed anything, including any opposition to the January 7 motion. Mr. Richmond did tell me he received a non file stamped copy from Mr. Steward at 3:44 p.m. today. That opposition to dismiss was not filed until January 3, 2022 according to the computer.

Trial confirmation is currently scheduled for January 18; jury trial for January 31.

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