John Chiv: "This is not the first time the People have failed to oppose an important motion in a timely fashion. Most times they don’t respond at all. They wait until the scheduled hearing to finally reveal their position, utilizing an inappropriate “trial by ambush” tactic."

There is a hearing on a defense motion in the Ray Christie case about evidence seized in the 2021 raid. I have been checking on the case. The hearing is scheduled on 3/24/22 as requested.

Last I checked this week, the District Attorney's office had not filed any response. The last filing by DA was on March 10.

Excerpt 1 from the reply filed March 22:

"We will be ready to argue the motion at the noticed hearing on Thursday, March 24, 2022 on the basis of the facts and law we provided. As we detailed in our moving papers, we believe the People have failed to meet their burden under Evidence Code section 403 to introduce the proffered evidence from the October 13, 2021 raid, and cannot meet their burden. The People have said nothing in response. Accordingly, we request that the Court grant the motion on the unopposed papers. "

Excerpt 2 from the reply filed March 22 :

"The People have failed to oppose Ray Christie’s motion regarding the evidence seized during the October 13, 2021 raid on 295 Jackson Ranch Road and related properties."

"As a consequence of their decision not to oppose the motion, the People have effectively conceded that this evidence is not attributable to Mr. Christie and, therefore, they should not be permitted to present or argue this evidence to the jury."

"As we detailed in our moving papers, none of the evidence gathered on October 13, 2021 can or does prove anything with respect to Mr. Christie. The People cannot meet their burden to establish the foundational fact that Mr. Christie was responsible for the custody or care of the animals seen on October 13, 2021 because Mr. Christie was not and is not responsible for their care."

"To introduce the photos and videos taken during the October 13, 2021 raid, the People must first establish the foundational fact of Mr. Christie’s conduct in relation to the proffered evidence. See Evid. Code § 403. Because the People cannot establish this fact, we ask the Court to enter an order prohibiting the People from using evidence from, or making arguments based on, the October 13, 2021 raid."

"This is not the first time the People have failed to oppose an important motion in a timely fashion. Most times they don’t respond at all. They wait until the scheduled hearing to finally reveal their position, utilizing an inappropriate “trial by ambush” tactic."

"Other times, they flout the deadline for filing a responsive brief. They wait until we have already filed a reply and only then take a position, flaunting their “we are above the law” governmental authority. The People have continued this pattern with this motion and have yet again failed to file an opposition."

I contacted Deputy District Attorney Steven Steward. He said, "This case is on calendar tomorrow morning and we do not yet have a trial date. I will address defense council’s motion in limine at that time."