Preliminary hearing was scheduled this morning for homicide suspect Jasen Coley. It seemed there would be yet another continuance but it finally proceeded shortly before lunch. My coverage includes live updates of how the day went.
There were 31 names on the 9:15 calendar. Some defendants with multiple cases. Judge Joyce Hinrichs closed the courtroom to meet with attorneys while almost 50 people, including media, sat around twiddling our thumbs in court and outside court. We sat through an hour and then waited until 11 to see if another courtroom would be available with a court reporter. At 11:10 the case was sent to Courtroom 4 with Judge Timothy Canning . Just attorneys went in at 11:15. to meet with the Judge. At 11:20, the rest of us went in until noon. The hearing will resume after lunch at 2 p.m. or later when the court reporter returns from family court. The preliminary hearing needs to conclude by 4:30.
I asked Court operations about the number of cases on Monday with just one courtroom being available. These constant jams have existed since Judge Joyce Hinrichs was Presiding Judge and worsened under Judge Gregory Kreis. There was a system that worked. Judge Hinrichs chose to change it which created the never ending chaos. They can be lessened if we had Presiding Judges who know how to manage. Attrition of experienced court staff and turnover has deteriorated when the same two Judges have been in charge. The Judicial Council, just like the California Coastal Commission, are bureaucrats getting paid to do nothing but create more problems.
If Judge Kaleb Cockrum could have been given some leeway from court staff two days ago, this preliminary hearing could have been rescheduled at pre trial on Monday instead of repeatedly having the families come back to the Courthouse; twice just this week.
Seven people here from Kenneth "Michael" Davis' family. Kenneth is his legal first name but he preferred Michael and in testimony today, that is the name used by attorneys and witnesses. I will do the same. Six people are here for Coley including his mother, brother and uncle. There is a lot of support from the community for these two families and I know several people who know both families, who knew Michael and who know Jasen.
Three other people, I think, are here to support the Davis family. Three more people were in court after lunch and sat with the Davis family. Witnesses were excluded from the courtroom.
The first People's witness was former HCSO and now DA Investigator Braden Brawner. Some of his testimony elaborated on the crime scene which is covered in prior coverage. Even before the preliminary hearing today, I had written exclusively about Coley and relevant information about Tennesse not mentioned today, issues with his marriage ending, information about his ex wife. Brawner's testimony included that and a lot more about what led to him killing his long time friend. Human traffickers, harvesting, Coley believing that the Davis family was going to eat his family and Brawner's perception that Coley was jealous of Michael covered in testimony before lunch. HCSO Detective Jennifer Taylor, Kenneth Michael Davis' wife Jordyn and an eye witness Colleen Smith testified after lunch. Jordyn and Investigator Taylor did not corroborate Brawner's jealousy theory.
Coley made statements about aliens, living in simulation and his girlfriend being sex trafficked in an interview with HCSO Investigator Taylor and DA Investigator Brawner.
Mr. Michael Robinson's cross examination of Brawner was laser focused, he didnt impeach Brawner but raised a lot of doubt about evidence versus Brawner's interpretation and referred to specifics line by line in Brawner's report which cemented the foundation for Coley's additional plea of not guilty by reason of insanity.
Mr. Dustin Owens was added as co counsel for Coley. If this case goes to trial, he will assist with expert witnesses.
Coley was held to answer as expected. Count 1 is PC 187 (a) murder with PC 12022.53 (d) personally and intentionally discharging a firearm causing great bodily injury. This is a gun enhancement, informally known as "10-20-life" law which imposes additional time.
Arraignment on information is scheduled on November 1, the same day as appointment of doctors. Once again today after Judge Canning's ruling, Mr. Robinson mentioned his client's mental health getting worse in custody.
I will do a detailed separate post later with all 12 pages of testimony. A few selective quotes is doing disservice to two families who knew each other for years and are hurting. Both families have been very respectful although there is distance now compared to the interactions at arraignment.
Deputy DA Candace Myers had the opportunity to spare both families the unnecessary pain of a preliminary hearing. Defense wanted to waive preliminary. That is a choice the DA's office made. The basic details about the crime scene and arrest were already known. If the intent of the DA's office was to amend or add more charges, today's testimony did not achieve that purpose. The DA can do whatever they want with information but they have had quite a few mistrials and mixed verdicts by overcharging and refusing to resolve cases.
After today's preliminary hearing, the testimony of the People's witnesses has helped the defense demonstrate that Coley had mental health issues and the NGI plea. If this goes to trial, defense has offered to waive jury for the NGI phase.
Previous posts:
https://johnchiv.blogspot.com/2023/10/kenneth-davis-family-missed-yesterdays.html?m=1
https://johnchiv.blogspot.com/2023/10/my-client-is-profoundly-mentally-ill.html?m=1
https://johnchiv.blogspot.com/2023/07/mckinleyville-homicide-tragedy-for-both.html?m=1#more
https://johnchiv.blogspot.com/2023/07/jasen-coley-charged-with-murder-and.html?m=1
https://johnchiv.blogspot.com/2023/07/mckinleyville-homicide-suspect-jasen.html?m=1
https://johnchiv.blogspot.com/2023/07/homicide-suspect-jasen-coley-work-for.html?m=1
https://johnchiv.blogspot.com/2023/07/hcso-looking-for-homicide-suspect-who.html?m=1
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