Jury trial dismissed because Humboldt DA screwed up

 

There are no jury trials scheduled in Humboldt Superior Courtroom 3 this week.

Jury trial for Fatu Tuitasi scheduled in Courtroom 3 in front of Judge Elvine-Kreis was dismissed today. What I heard was  because the District Attorney did not disclose evidence in time. I  heard it was a Brady violation.

The Brady Rule, named after Brady v. Maryland, 373 U.S. 83 (1963), requires prosecutors to disclose materially exculpatory evidence in the government's possession to the defense. A "Brady material" or evidence the prosecutor is required to disclose under this rule includes any evidence favorable to the accused--evidence that goes towards negating a defendant's guilt, that would reduce a defendant's potential sentence, or evidence going to the credibility of a witness.

If the prosecution does not disclose material exculpatory evidence under this rule, and prejudice has ensued, the evidence will be suppressed. The evidence will be suppressed regardless of whether the prosecutor knew the evidence was in his or her possession, or whether or not the prosecutor intentionally or inadvertently withheld the evidence from the defense.

https://www.law.cornell.edu/wex/brady_rule

It is a DUI case. Charges VC 23152(a) and VC 23152 (b). 

1/4/21: Defense filed a 1538.5 suppression motion yesterday. The defense also filed a supplemental motion in limine.

The prosecutor was Deputy District Attorney Clover Schinke. Deputy Conflict Counsel April Van Dyke represented Tuitasi.