Deputy Public Defender talks to witness, judge finds violation of motions in limine and jury trial of convicted felon with 5 open cases maybe in jeopardy

 

Convicted felon Jesus Loza Zamacona has five cases on calendar on 4/29/24. There was a jury trial going on in his felon in possession of a firearm, felon in possession of ammunition and three strikes case. On 4/25, Deputy District Attorney Ian Harris informed Judge Lawrence Killoran about a conversation between Deputy Public Defender David Nims and a witness. There was an evidence hearing. Judge Killoran found there was a violation of  motions in limine. Mr. Harris requested that the Public Defenders office be relieved and new counsel be appointed. Judge Killoran had further discussions which included Public Defender Luke Brownfield and Deputy Public Defender Casey Russo. This was all outside the presence of the jury. Jurors were told to return Monday. His other 4 cases are trailing and include charges of domestic violence, violation of a court order, lewd act with a minor and child abuse or endangerment.

I was told to stay tuned for a development Monday. Mistrial declared by Judge Killoran. 

What I heard through courthouse rumblings and people heard in the hallway was Judge Killoran relieved David Nims and the Public Defender's office for telling a witness about previous testimony. Court minutes confirm Nims and that he talked to a witness.

4/29: Mistrial declared by Judge Killoran. Issue of sanctions against mistrial, issue of sanctions against Deputy Public Defender David Nims deferred. PD relieved. Confirmation of Counsel on 5/9; trial confirmation on 5/13 and jury trial on 5/28.

5/9: Conflict Counsel declares conflict, new attorney needed. 5/13 date vacated. Trial confirmation and  confirmation of counsel scheduled for 5/14. I doubt the jury trial scheduled for 5/28 will proceed as scheduled.

5/14: Trial confirmation and confirmation of counsel continued to 5/21. Conflict Counsel relieved and Ms. Rebecca Linkous appointed.

5/21: Oral motion to continue by Linkous to prepare for trial. Ruling on sanctions against Deputy Public Defender David Nims had been deferred;  no ruling in e court as of 5/22/24. Trial setting on 5/28. This is not a case I was following so expect regular updates. 

5/28: Trial confirmation on 6/11; jury trial on 6/17.

If sanctions are imposed, that is the only update I plan to add.with the amount of cases and work, I am not checking this case for months for sanctions and I am not following this case regularly unless there is some newsworthy development.