Both the defense and People had some wins with motions in limine last week in alleged molestor and upskirter Nick Martinez jury trial. Jury selection was completed, evidence was presented and jury deliberations started on 4/12.
Jury deliberated for 2.5 hrs on Friday. They requested readback of DA Investigator Ryan Hill, witness Elena Lopez and Jane Doe. That readback was done on 4/15. Jury still deliberating on 4/16.
Ms. Andrea Sullivan was appointed to represent Martinez in January 2024. He was previously represented by Conflict Counsel in this 2020 case. Martinez has rejected the People's offers to resolve this case. Deputy District Attorney Whitney Timm is the prosecutor.
On 4/8, people's motion to amend complaint was granted by Judge Steven Steward. On 4/8 defense won an important motion in limine which was to admit evidence of Jane Doe's character for untruthfulness. Jurors heard from both Jane Doe and Martinez.
Regular readers know that this blog has extensive, detailed coverage of Humboldt courts, cases no one else covers; especially sex abuse, rape cases and other crimes involving children and women victimized. While I have not covered every single sex abuse case in 10 years or covered them in detail, I am sure that this is the first time in Humboldt in a sex abuse case that this motion has been granted for the defense. And that is a big deal. Sex abuse cases come down to the credibility of the Jane or John Does and can make a difference in the verdict, if there is a mixed verdict or a hung jury.
The fact that Ms. Sullivan won this motion against Ms. Timm shows why she is in demand and for life cases in counties all over California.
Not that Martinez deserves Ms. Sullivan or to win that motion. Ms. Timm called Martinez a deviant and pervert in her closing arguments and with good reason.
On 4/11, a juror was excused and replaced by an alternate juror. April 11 and 12 were better days for the prosecution because two defense motions were denied.
On 4/11, people's motion was granted and Martinez was questioned about previous conviction and arrests. Defense request that Martinez not be in the courtroom while his children testify was denied. On April 12, defense request that jury view the complete CAST interview in response to People's rebuttal evidence was denied.
Court minutes from 4/5 to 4/12:
4/15: amended charges not entered into e court.
Previous posts:
https://johnchiv.blogspot.com/2024/04/alleged-molestor-and-upskirter-rejects.html?m=1
https://johnchiv.blogspot.com/2024/01/how-do-you-declare-conflict-after-4.html?m=1
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