John Chiv: "I am relieved that both were found not guilty on attempted murder. I feel strongly that is the correct finding. I thought there was a better than even chance they would be found not guilty on all charges."

Jul 27, 2024

"I am relieved that both were found not guilty on attempted murder. I feel strongly that is the correct finding. I thought there was a better than even chance they would be found not guilty on all charges."

Jury deliberations are over. There was a mixed verdict. I mentioned that possibility early on in the trial. Miguel Moreno and Ruben Ramirez are scheduled to be sentenced on 10/18. A lot could happen between now and then with defense or DA filings.

I had mentioned I had spoken with jurors. There were jurors who deliberated, others who were excused for various reasons. I am not going to mention which one maintaining the confidentiality and anonymity of the juror. This is an exclusive. I had a series of conversations with one juror. These are some insights.

"I found Esme’s testimony very compelling and convincing for the defense. Testimony which only very recently came to light. On cross the prosecutor asked her don’t you think your testimony was important to this case? Why did it takes so long to come forward? Or words to that effect. I would add…..And how! "

"I am relieved that both were found not guilty on attempted murder. I feel strongly that is the correct finding. I thought there was a better than even chance they would be found not guilty on all charges. I was very torn on the charge on assault with a deadly weapon. "

"There is no doubt in my mind based on irrefutable evidence that Reuben fired three shots into the engine block of Omar’s aunt’s car with an illegal weapon but I was torn on whether the defense presented enough to create a reasonable doubt that Reuben was acting in self defense."

This last excerpt has some information from the above paragraph but I am posting it all because the DA's office should note the strong possibility that this could have been a hung jury on all counts. With several jurors being excused at different stages, the DA got a mixed verdict. I hope this is not retried but in the past, the DA's office does not listen. I have yet to see a retrial get different results.

"I thought there was a better than even chance they would be found not guilty on all charges. I was very torn on the charge on assault with a deadly weapon. It was such a complex and conflicted case given that two of the key witnesses with direct knowledge were given full or use immunity and I believed the one witness with full immunity Armando gave a false statement on the stand about a private conversation with his sister right after the incident which severely undermined the case for proving attempted murder and I also believed Omar, who it can be argued, instigated the incident by his thuggish behavior. His ex-girl friend Nicole, who was the other “victim” really damaged him as a witness making him less than a fully credible witness. There is no doubt in my mind based on evidence that Reuben fired three shots into the engine block of Omar’s aunt’s car with an illegal weapon. I did question whether the defense presented enough to create a reasonable doubt that Reuben was acting in self defense…. based on testimony there was a reasonable possibility but not probability that Omar was armed and could have shot up Armando’s home with children inside but he had no weapon in the car. It also true that the police did not search his apartment since he was a victim and Omar could have taken a weapon from his car and put it inside….However the prosecution presented strong evidence that Reuben had a violent personality and often walked around with dangerous illegal (in California) weapons. Miguel came across as innocent on all charges but I guess he was an accessory to assault with a deadly weapon. "

Deputy District Attorney Trent Timm is an excellent prosecutor but the initial investigation is done by a law enforcement agency. In this case, the Fortuna Police Department. If you have read my coverage of the trial, there were several issues with this case. Why those issues were not discovered before? Why was this overcharged? If you read my blog on a regular basis and pay attention to what I have to say about the local courts and the DA's office; particularly this administration; you have an idea why. If you read the coverage on this case and court minutes, Deputy Public Defender David Celli is an experienced defense attorney and used the opportunities provided to him. Mr. Ken Bareilles mostly joined in motions, riding on coattails.

I just did a recent post on the verdict and most of my readers read that post. Others can catch up with links provided.

10/18: Sentencing continued by court to 11/8. Details in court minutes.