How do you declare a conflict after 4 years on a case and after trial has started?

(2020 booking photo)

(2015 booking photo)

The only reason I paid attention to this jury trial being on calendar was when I saw Deputy District Attorney Whitney Timm. I looked up the case in e court.

While I report on a lot of alleged molestation arrests and cases, Nick Martinez is not a name I remember. The case is 4 years old. I don't know if this name was even on the daily jail log. Martinez is not in custody. 

I don't know if Ms. Timm is even the original prosecutor. When I checked e court, I saw that Conflict Counsel Supervising Attorney Meagan O'Connell was relieved on 1/3/24 and Ms. Andrea Sullivan was appointed.

This isn't the first case Ms. Sullivan has taken over from Conflict Counsel. It isn't the first case she has been appointed on that was assigned to a Public Defender. Private attorneys rarely take on sex offense cases, especially those with Welfare and Institutions Code petitions. Ms. Sullivan will take on challenging cases and lifetop cases. This isn't the first Timm vs Sullivan match in court. They are both very good attorneys. I have enough cases I am following but given the nature of the alleged crimes, I will check on this case and cover as time allows.

This is the same guy who was arrested by Fortuna Police Department in 2015. 

2/6: At trial confirmation, there was an oral motion to continue by Ms. Andrea Sullivan. People did not waive written notice. The motion was denied by Judge Kaleb Cockrum; good cause not found. Ms. Sullivan will file a written motion. Trial assignment scheduled for 2/23.

2/13: Deputy District Attorney Whitney Timm is the prosecutor. Defense motion to continue was granted by Judge Cockrum. The 2/23 trial assignment date was vacated. Instead of jury trial on 2/26, trial setting is scheduled.

2/26: Trial confirmation is on 3/20; jury trial 4/2. Time estimate 3 weeks.

3/20: Trial confirmed. People made offer. Trial assignment on 3/29; jury trial 4/2. Time estimate 3 weeks.

3/29: Assigned to Judge Steven Steward;  attorneys to meet with judge on 4/2 at 1:20 p.m. 

4/2: In chamber discussion regarding juror questionaires, trial schedule and motion in limine.