John Chiv: "This is not a discovery fishing expedition, this has been going on for 20 minutes"

Jul 31, 2024

"This is not a discovery fishing expedition, this has been going on for 20 minutes"

I just did a post two days ago on alleged molestor Gary Landergen's trial which has the detailed amended complaint.

There was a 402 hearing this morning to determine if DA Investigator would be designated as an expert. He is one of the key witnesses for the People in the Gary Landergen trial.

Deputy District Whitney Timm asked DA Investigator Hill about his training and experience investigating sex crimes involving children as well as specifically regarding grooming.

Judge Steven Steward gave some parameters to Conflict Counsel Supervising Attorney Meagan O'Connell about cross examination of DA Investigator Hill.

Covering the hearing reminded me of the many cases and trials I have covered with Ms. Timm who makes it worth every minute of sitting that courtroom. Nice effort by Ms. O'Connell but when you go up against Ms. Timm, the phrase "she came to slay" came to mind this morning.

After several objections of asked and answered and being hostile towards witness made by Ms. Timm, Judge Steward being polite and trying to get Ms. O'Connell to move it along, Ms. Timm said, "This is not a discovery fishing expedition, this has been going on for 20 minutes." Ms. Timm said Ms. O'Connell could have made discovery requests montns ago.

Judge Steward agreed with Ms. Timm and told Ms. O'Connell to focus on questions regarding training. Ms. O'Connell knows DA Investigator Ryan Hill has worked on many sex crimes, sex abuse cases, testified, been the lead investigating officer. I get the questions about the training on grooming but he did answer the amount of hours and agencies. DA Investigator Hill is more than qualified to testify as an expert in this case.

Ms. O'Connell had her a one liner about the make up of the jury and it will be interesting to see how that impacts the verdict. "Many of our jurors have played sports and many of them are coaches." This was in reference to DA Investigator Hill's experience as a coach.

There are 5 men, 7 women on the jury. One male alternate juror and two female alternate jurors.

Judge Steven Steward explained his ruling in detail and referred to Evidence Code 720. DA Investigator Hill was designated as an expert. Opening statements were presented by both attorneys before lunch. I will do a separate post with those remarks and testimony of Jane Doe 1.

In the morning, there was one woman sitting by herself. She is an advocate for rape victims. Another man and woman who were on their phone and talking throughout the 402 hearing. I had to inform the bailiff because there are clear signs about using your cell phone and this is a sensitive case.

In the afternoon, another rape victim advocate, a second woman joined the lady from the morning. The third woman sitting with Victim Witness Advocate is the mother of one of the alleged victims was si and since Jane Doe testified this afternoon, I think she is here to support her daughter.

The rape victim advocates both need to learn some manners. The rest of us waited and allowed the jury to enter the courtroom first. It is respect and common courtroom etiquette. These advocates should know that given that they have attended enough court trials.

After lunch, Commissioner Sarah Kaber came in to watch the trial. She was very active with community and sports organizations before her appointment to Humboldt Superior Court.

On 8/2, most people sitting in the audience waited and allowed the Landergen jurors to enter first. One or two remain entitled and rude.

Previous posts:

https://johnchiv.blogspot.com/2024/07/15-witnesses-or-more-are-expected-to.html?m=1

https://johnchiv.blogspot.com/2024/05/waiting-on-documents-from-fortuna.html?m=1

https://johnchiv.blogspot.com/2024/03/alleged-molestor-gary-landergen-no.html?m=1

https://johnchiv.blogspot.com/2024/01/nickno-you-may-not-ask-me-to-remove.html?m=1

https://johnchiv.blogspot.com/2023/10/second-continuance-by-defense-pushes.html?m=1

https://johnchiv.blogspot.com/2023/04/defense-subpoenas-fortuna-high-school.html?m=1

https://johnchiv.blogspot.com/2023/01/testimony-referring-to-female-students.html?m=1

https://johnchiv.blogspot.com/2023/01/people-to-call-only-one-witness-for.html?m=1

https://johnchiv.blogspot.com/2022/11/alleged-molestor-gary-landergens.html?m=1

https://johnchiv.blogspot.com/2022/10/last-time-it-was-defense-now-da-wants.html?m=1