Nov 19, 2023

Defense files 995 motion to dismiss "lying in wait" special circumstance in homicide case

 


Tomorrow morning, there is trial confirmation  scheduled in murder suspect Jasen Coley's case. Jury trial is currently scheduled for 12/11. With Coley's additional NGI plea and doctor evaluations, I doubt the hearing will proceed in December.

Another factor that will impact the trial is that defense has filed a 995 motion on 11/14 and a copy was served that day and provided to the DA's office.

Hearing for the 995 motion is scheduled for 11/29 so Deputy District Attorney Candace Myers has ample time to file a wriiten response before the hearing. In my last post, I wrote about the new charge filed by the DA after the preliminary hearing. That additional special allegation is PC 190.2 (a) murder by "intentionally killing the victim by means of lying in wait". This is a special circumstance murder charge that can result in life in prison or no possibility of parole or the death penalty if Coley is convicted.

Mr. Michael Robinson is asking to strike the special circumstance. I covered the preliminary hearing and that post is very detailed. 

I can see why the DA added that charge after the preliminary hearing; even if a Judge does not grant the 995 motion, can it be proved beyond a reasonable doubt at trial? The doctors haven't even done their evaluations and even if those reports are ready next week, they have to be presented at trial.

Deputy District Attorney Jessica Watson appeared on the case instead of Deputy DA Candace Myers. Mr. Robinson's remarks to Judge Joyce Hinrichs are included in the court minutes from 11/20.


Depending on what happens with the 995 motion, that update maybe added to this post.

Previous posts:

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


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