Defense 995 motion granted. Murder suspect Jasen Coley no longer faces the possibility of life without parole or the death penalty, if convicted.
Defense is prepared to waive jury for the insanity phase of the jury trial. Defense would like intervention before jury trial.
I have already reported previously and extensively on the DA filing the special circumstance, what that meant if Coley was convicted before today's hearing. If you read my previous coverage, today's ruling on the 995 should not surprise you because it is the outcome I expected. I covered the preliminary hearing. I wanted to see what Mr. Robinson and Ms. Myers said on record but I had read the defense 995.
While Judge Kaleb Cockrum disagreed with Mr. Robinson about the DA not giving notice, he agreed with Mr. Robinson about the 995. In the 10 years I have covered Humboldt Superior Court, it is rare that a 995 is granted and even less likely for such a serious charge.
"I feel like I am Paul Revere riding through town saying the British are coming," said Mr. Robinson. He summarized on record eveyrthing I have covered about the preliminary and how he found out right before court about the arraignment on information. "No notice, no text, no phone call, no smoke signal."
Mr. Robinson called Deputy District Attorney Candace Myers unprofessional and her "conduct unbecoming." Mr. Robinson said that "in this county", death penalty cases are rare and "reserved for serial killers". He said Coley is a young man with no prior criminal record and documented psychiatric record.
Ms. Myers said the preliminary hearing was scheduled and Mr. Robinson had about a month to prep. She said after the preliminary hearing and discussions with others at the DA's office, she decided to add the special circumstance. Ms. Myers said she was not required to notify Mr. Robinson about the special circumstance being added.
"Mr. Robinson, you are wrong on the law," said Judge Cockrum. He said it was offensive to say Ms. Myers was being sneaky. The special circumstances maybe charged in the information and Ms. Myers does not have to provide notice.
Judge Cockrum agreed with Mr. Robinson's reasons for the 995 motion. "There was no evidence in the preliminary hearing of lying in wait. The evidence is of intentional murder. Only evidence is from Ms. Smith's testimony. We don't knowhow long Mr. Coley was there. There has to be asubstantial period of lying in wait. 995 is granted."
This is a case the DA can resolve, should resolve but just like everything in Humboldt from politicians to law enforcement to courts, the DA will waste resources on railroading a young man like Coley for what they think is an easy conviction instead of holding people with power and money like Marci Kitchen accountable. Defense agreed that Coley committed the crime but instead of resolving it for a lifetime in the state hospital, the DA rather play Russian Roulette and take a chance with the jury trial. Fortunately Coley's family had money to hire a private lawyer. The Humboldt powers like to go after those that don't have the money to fight on this small, corrupt town. The decent deputy DAs holding this office together deserve better colleagues and better leadership.
The DA's office has more losses under the leadership of Ms. Stacey Eads, more dismissals and more defense acquittal and wins. My regular readers know from my coverage that I have called Mr. Robinson in the past out just as I am calling Ms. Eads out now. I have complimented Ms. Eads in the past and I am giving kudos to Mr. Robinson now because those are the facts.
People trust me because I don't take sides. They thank me for the court records I provide and the evidence which supports my opinions and my observations. People have their own experiences with the people and what I write about, they believe me because I have earned that trust and support. I have been there for them when the arrogant, overpaid, entitled people and entrenched systems ignore them and don't do their job. The Humboldt insiders and those I expose are a bitter minority and they can shout as loud as they want, gossip and troll but they are as empty as the noise they constantly make denying truth and their shortcomings.
Previous posts:
https://johnchiv.blogspot.com/2023/11/defense-files-995-motion-to-dismiss.html?m=1
https://johnchiv.blogspot.com/2023/11/new-additional-plea-for-coley-and-da.html?m=1
https://johnchiv.blogspot.com/2023/10/jasen-believed-entire-world-was-bad.html?m=1
https://johnchiv.blogspot.com/2023/10/mr-coley-stated-he-had-murdered-his.html?m=1
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
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.