Omholt who was released before sentencing and got re arrested on new charges had his custodial status put on calendar by the Judge, not defense.
For reasons stated above, Judge Marilyn Miles ruled that Omholt cannot post bail.
His sentencing for the plea deal he made remains on June 11.
Omholt in a wheelchair sat silently in court, sullen.
May 28, 2015
Vincent Ortiz demurrer withdrawn, defense will file 995
The demurrer in Vincent Ortiz's case was scheduled for this afternoon in Courtroom 2. Defense withdrew their oral demurrer and plans to file a 995 motion. Date to be determined as Judge Miles wants a visiting judge to hear that 995 motion.
Jeremy Kish arraignment continued as he was medically unavailable, bail set at $150,000
Arraignment tomorrow at 1:29 in Courtroom 2. The bailiff informed Judge Timothy Cissna that Jeremy Kish"was medically or physically unavailable to appear" today in Courtroom 4.
There are two posts from earlier, one about him allegedly being on suicide watch and the other are the charges against him.
Bail was set today at $150,000.
There are two posts from earlier, one about him allegedly being on suicide watch and the other are the charges against him.
Bail was set today at $150,000.
Arcata arson suspect charged with arson, battery on a peace officer, criminal threats on law enforcement
This just in...this is a late arraignment.
Arcata arson suspect Jeremy Kish will be arraigned this afternoon at 3 p.m. in Courtroom 4 Kish has been charged in Count 1 with arson of the former Alliance Market in Arcata this past weekend.
Count 2 is resisting and delaying and obstructing Officer Miller while he was on duty.
Count 3 is assault on a custodial officer David Jackson.
Count 4 is battery by gassing a peace officer in the detention facility.
Count 5 is criminal threats pc 422 towards Corporal N. Corral .
Previous posts:
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html
Arcata arson suspect Jeremy Kish will be arraigned this afternoon at 3 p.m. in Courtroom 4 Kish has been charged in Count 1 with arson of the former Alliance Market in Arcata this past weekend.
Count 2 is resisting and delaying and obstructing Officer Miller while he was on duty.
Count 3 is assault on a custodial officer David Jackson.
Count 4 is battery by gassing a peace officer in the detention facility.
Count 5 is criminal threats pc 422 towards Corporal N. Corral .
Previous posts:
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish_28.html
http://johnchiv.blogspot.com/2015/05/arcata-arson-suspect-jeremy-kish.html
http://johnchiv.blogspot.com/2015/05/jeremy-kish-adds-yet-another-arrest-to.html
Teflon Dan Dobbs pleads out assault case, picks up new charges while this case was in jury trial
The news is not that Dan Dobbs picked up another charge. The news is that he plead out but already has new charges. He accepted the People's offer for the misdemeanor PC 422 that they had made at trial assignment.
Like Teflon, Dan has avoided anything sticking to him and resulting in prison, so far.
He has other cases pending resolution or conviction. Mr. Neal Sanders has been Dobbs' attorney of choice, lately.
Like Teflon, Dan has avoided anything sticking to him and resulting in prison, so far.
He has other cases pending resolution or conviction. Mr. Neal Sanders has been Dobbs' attorney of choice, lately.
Arcata arson suspect Jeremy Kish allegedly under "suicide watch"
HCSO Lt. Wayne Hanson could not confirm and the jail will generally not comment on such internal matters but an anonymous source had some information from another inmate that Jeremy is allegedly under "suicide watch."
Like I said, I cannot confirm but this anonymous source is someone who would have access to people who know Jeremy.
Like I said, I cannot confirm but this anonymous source is someone who would have access to people who know Jeremy.
Deal? Trial? What will the next court date for twice tried alleged child molestor Timothy Littlefield be?
Timothy Littlefield has come close to prison twice. The decision in the last trial is under appeal and so Round 3 is in limbo. There is a court hearing on June 11 for disposition and reset. I bet it will be continued.
Listed below is the link to the apellate courts and the current status of the Timothy Littlefield case.
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2078140&doc_no=A141929
The following explaination is based on a conversation, according to an attorney who has tried similar cases and appeals. The summary is what this attorney thinks will happen.
Status of case has been updated to Case Fully Briefed. In a few months the case will likely be set for Oral Arguments in San Francisco. Either side can waive. Usually, they don't in Criminal cases. Since Littlefield's exposure is 160+ years, it is a good guess there will be oral arguments. At the conclusion of oral arguments, the apellate court will issue an opinion within 90 days. Often it is before that deadline. If the decision is bad for Littlefield, Littlefield can appeal until he runs out of options.
The first trial, the jurors were deadlocked 11 to 1. In the second trial, Littlefield was convicted of 11 molestation charges in 2013 with eight life sentences without possibility of parole. In 2014 Judge John Feeney declared a mistrial. The link from May 2014, the Timothy Littlefield story, I got the only interviewer from a juror who was on the same jury where another juror claimed he did not understand burden of proof.
Littlefield's attorney Mr. Russ Clanton has already said that there may be Round 3. When the previous DA administration was in charge, I had reported on a possible deal in the works.
According to a reliable source close to the case, oral arguments most likely will not happen. In such cases, this source said, the decision is usually favorable to the trial court.
Today, this is the latest development in the Littlefield case.
The alleged victim was 8 years old, she has been through two trials. Littlefield, a former manager of the Arcata Center medical marijuana dispensary, was arrested by Humboldt County sheriff's deputies in February 2009.
Previous two posts with other links:
Listed below is the link to the apellate courts and the current status of the Timothy Littlefield case.
http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2078140&doc_no=A141929
The following explaination is based on a conversation, according to an attorney who has tried similar cases and appeals. The summary is what this attorney thinks will happen.
Status of case has been updated to Case Fully Briefed. In a few months the case will likely be set for Oral Arguments in San Francisco. Either side can waive. Usually, they don't in Criminal cases. Since Littlefield's exposure is 160+ years, it is a good guess there will be oral arguments. At the conclusion of oral arguments, the apellate court will issue an opinion within 90 days. Often it is before that deadline. If the decision is bad for Littlefield, Littlefield can appeal until he runs out of options.
The first trial, the jurors were deadlocked 11 to 1. In the second trial, Littlefield was convicted of 11 molestation charges in 2013 with eight life sentences without possibility of parole. In 2014 Judge John Feeney declared a mistrial. The link from May 2014, the Timothy Littlefield story, I got the only interviewer from a juror who was on the same jury where another juror claimed he did not understand burden of proof.
Littlefield's attorney Mr. Russ Clanton has already said that there may be Round 3. When the previous DA administration was in charge, I had reported on a possible deal in the works.
According to a reliable source close to the case, oral arguments most likely will not happen. In such cases, this source said, the decision is usually favorable to the trial court.
Today, this is the latest development in the Littlefield case.
| 05/28/2015 | Oral argument waiver notice sent. | |
| 05/28/2015 | Record to court for review. |
The alleged victim was 8 years old, she has been through two trials. Littlefield, a former manager of the Arcata Center medical marijuana dispensary, was arrested by Humboldt County sheriff's deputies in February 2009.
Previous two posts with other links:
May 12, 2015
Next court hearing for Timothy Littlefield set for June 11, guess round 3 is on, alleged charges include sodomy with child under 10
June 11 disposition and reset hearing in Courtroom 2.
Charges against Littlefield include sexual intercourse/sodomy with a child under 10, penetration by a foreign object, oral copulation and lewd and lasvicious act under 14 years.
Littlefield has been represented in the last two trials and in round 3 by private attorney Russ Clanton.
Previous post:
Charges against Littlefield include sexual intercourse/sodomy with a child under 10, penetration by a foreign object, oral copulation and lewd and lasvicious act under 14 years.
Littlefield has been represented in the last two trials and in round 3 by private attorney Russ Clanton.
Previous post:
May 8, 2015
"Looks like we will be going round 3 in the Littlefied case", will the third time be justice for Timothy Littlefield
If you are not familiar with the Timothy Littlefield case, you may want to click on the links below. For those following the saga, the above quote is from Littlefield's attorney Russ Clanton.
He said he looked at the apellate brief. His remarks were directed to DDA Brie Bennett who is one of the DDAs now prosecuting CAST cases. This was openly said while we were in the hallway this morning waiting for the Kailan Meserve case.
http://johnchiv.blogspot.com/2014/05/the-timothy-littlefield-story.html
http://johnchiv.blogspot.com/2014/05/timothy-littlefield-posted-bail-and-is.html
http://johnchiv.blogspot.com/2014/06/timothy-littlefield-deal-in-works.html
http://johnchiv.blogspot.com/2014/12/attorney-general-files-opening-brief-in.html
http://johnchiv.blogspot.com/2014/10/timothy-littlefield-case-keep-getting.html
johnchiv.blogspot.com/2014/05/unconfirmed-as-of-now-buttimothy.html?m=1
http://johnchiv.blogspot.com/2014/11/attorney-general-to-default-on.html
http://johnchiv.blogspot.com/2014/07/littlefield-retrial-set-for-oct-20.html
He said he looked at the apellate brief. His remarks were directed to DDA Brie Bennett who is one of the DDAs now prosecuting CAST cases. This was openly said while we were in the hallway this morning waiting for the Kailan Meserve case.
http://johnchiv.blogspot.com/2014/05/the-timothy-littlefield-story.html
http://johnchiv.blogspot.com/2014/05/timothy-littlefield-posted-bail-and-is.html
http://johnchiv.blogspot.com/2014/06/timothy-littlefield-deal-in-works.html
http://johnchiv.blogspot.com/2014/12/attorney-general-files-opening-brief-in.html
http://johnchiv.blogspot.com/2014/10/timothy-littlefield-case-keep-getting.html
johnchiv.blogspot.com/2014/05/unconfirmed-as-of-now-buttimothy.html?m=1
http://johnchiv.blogspot.com/2014/11/attorney-general-to-default-on.html
http://johnchiv.blogspot.com/2014/07/littlefield-retrial-set-for-oct-20.html
May 27, 2015
Stepping in Dorothy Ulrich's pool of blood after he killed her, Warren crime spree took more lives in less than 2 hours
See post below for defense motion being denied in Jason Warren case.
Defense motion to sever in Jason Warren case denied by Judge Cissna
Paul Mann from the Mad River Union and I were the only media at today's court hearing for Jason Warren.
Dates were not put on record. The basic gist of the defense argument was that trying the cases together would be highly prejudicial to Warren and that they did not believe the evidence was intertwined as DA suggested.
Mr. Kevin Robinson is representing Warren in the Eureka incident. On Myryle Avenue, where Warren ran over three joggers, Mr. Robinson said different law enforcement investigated the two incidents.
Hoopa murder of Dorothy Ulrich was Sheriff asisted by Hoopa tribal police and Eureka was Highway patrol.
Mr. Robinson then alluded to former DA Paul Gallegos who prosecuted the preliminary hearing and said Mr. Gallegos suggested he would use charges in one case to build the other case and that this would be highly prejudicial to his client.
DA Maggie Fleming in her summary and argument proved otherwise. Judge Cissna agreed and denied defense motion.
DA Fleming cited PC 954 about "legislative preference for one trial". She also cited law where "joinder and consolidation is mandatory."
Then, giving times and facts of both incidents, she stated that Warren standing in a "pool of blood" after he killed Dorothy Aldrich fled in her car from Hoopa where he ran over threee joggers on Mrytle Avenue and then fled the scene and hid the car. "The entire course of conduct was less than two hours."
Suzanne Seeman died at the scene. The two joggers that survived were Jessica Hunt and Terri Vroman-Little.
"I have reviewed materials and authorities and the cases are properky joined," said Judge Cissna. " To a significant degree, they are related in commission.I don't think one case is more inflammatory than the other."
DA Fleming spoke with the victims' families before and after the court hearing privately.
Judge Cissna asked attorneys to approach and did not state future dates on record. Pre trial was continued from today to June 30 at 3:30 p.m. That information was entered in system later.
Trial could be delayed due to a motion DA Fleming will be introducing.
Dates were not put on record. The basic gist of the defense argument was that trying the cases together would be highly prejudicial to Warren and that they did not believe the evidence was intertwined as DA suggested.
Mr. Kevin Robinson is representing Warren in the Eureka incident. On Myryle Avenue, where Warren ran over three joggers, Mr. Robinson said different law enforcement investigated the two incidents.
Hoopa murder of Dorothy Ulrich was Sheriff asisted by Hoopa tribal police and Eureka was Highway patrol.
Mr. Robinson then alluded to former DA Paul Gallegos who prosecuted the preliminary hearing and said Mr. Gallegos suggested he would use charges in one case to build the other case and that this would be highly prejudicial to his client.
DA Maggie Fleming in her summary and argument proved otherwise. Judge Cissna agreed and denied defense motion.
DA Fleming cited PC 954 about "legislative preference for one trial". She also cited law where "joinder and consolidation is mandatory."
Then, giving times and facts of both incidents, she stated that Warren standing in a "pool of blood" after he killed Dorothy Aldrich fled in her car from Hoopa where he ran over threee joggers on Mrytle Avenue and then fled the scene and hid the car. "The entire course of conduct was less than two hours."
Suzanne Seeman died at the scene. The two joggers that survived were Jessica Hunt and Terri Vroman-Little.
"I have reviewed materials and authorities and the cases are properky joined," said Judge Cissna. " To a significant degree, they are related in commission.I don't think one case is more inflammatory than the other."
DA Fleming spoke with the victims' families before and after the court hearing privately.
Judge Cissna asked attorneys to approach and did not state future dates on record. Pre trial was continued from today to June 30 at 3:30 p.m. That information was entered in system later.
Trial could be delayed due to a motion DA Fleming will be introducing.
As already reported by Kym Kemp, it is confirmed: Omholt arrested and booked
05/26/15 at about 9:12 p.m., Officers with the Eureka Police Department were dispatched to the 3500 block of G Street after a caller reported seeing a suspicious male in his neighbor’s backyard. The male jumped the fence and fled before officers arrived.
At about 9:31 p.m., an additional caller reported that a male jumped the fence into her backyard and her husband was chasing him. The caller reported that the male was last seen near Madrone and H Streets and possibly went into another backyard.
While officers were on foot checking the area, an officer heard people yelling in the area of F and Willow Streets. As the officer began to investigate the yelling, two males came crashing through a wooden gate. One of the males was quickly identified by officers as Jason Omholt, 36 of Eureka. The other male was the resident of the property. Omholt attempted to flee on foot but was quickly detained.
It was determined that the resident had encountered Omholt in his yard and the two began to scuffle as the resident tried to get Omholt out of his yard. During the scuffle the two males went through the fence.
Omholt matched the description provided by the callers and witnesses. Omholt was not wearing any shoes and complained of ankle pain. Omholt was transported to the hospital by ambulance for medical clearance prior to being transported and booked into the Humboldt County Correctional Facility.
Omholt was charged with violation of parole, violation of probation, committing a crime while out on bail, possession of drug paraphernalia, possession of a controlled substance, prowling, resisting arrest, two counts of malicious mischief, and assault and battery.
The Eureka Police Department thanks the residents who looked out for their neighborhood by calling in the suspicious activity, however does not recommend engaging or chasing suspects.
At about 9:31 p.m., an additional caller reported that a male jumped the fence into her backyard and her husband was chasing him. The caller reported that the male was last seen near Madrone and H Streets and possibly went into another backyard.
While officers were on foot checking the area, an officer heard people yelling in the area of F and Willow Streets. As the officer began to investigate the yelling, two males came crashing through a wooden gate. One of the males was quickly identified by officers as Jason Omholt, 36 of Eureka. The other male was the resident of the property. Omholt attempted to flee on foot but was quickly detained.
It was determined that the resident had encountered Omholt in his yard and the two began to scuffle as the resident tried to get Omholt out of his yard. During the scuffle the two males went through the fence.
Omholt matched the description provided by the callers and witnesses. Omholt was not wearing any shoes and complained of ankle pain. Omholt was transported to the hospital by ambulance for medical clearance prior to being transported and booked into the Humboldt County Correctional Facility.
Omholt was charged with violation of parole, violation of probation, committing a crime while out on bail, possession of drug paraphernalia, possession of a controlled substance, prowling, resisting arrest, two counts of malicious mischief, and assault and battery.
The Eureka Police Department thanks the residents who looked out for their neighborhood by calling in the suspicious activity, however does not recommend engaging or chasing suspects.
May 26, 2015
Computer error, demurrer, date changes, procedure: a convoluted mess in the Vincent Ortiz case where he is charged with attempted murder and an accessory to murder
First Vincent Ortiz's arraignment was off the calendar. Then it is back on. Then his attorney Mr. Greg Elvine-Kreis said that he enters a demurrer to all charges except Count 2 claiming People are filing charges in the arraignment on information against his client when he was not held to answer to those charges in the preliminary hearing.
Then there was the issue that he has two files that need to be consolidated and half the information was in one file and the other half in another file. DDA Jackie Pizzo said she would file the paperwork and had discussed this with the court computer staff. That was the easiest part of the case.
Then Mr. Elvine-Kreiss said he wanted the oral demurrer heard right there in court. Judge Miles declined. She was the judge in the preliminary hearing and so it should be another judge or judicial officer would have to hear the demurrer. If the demurrer was denied, Mr. Elvine-Kreiss could file a 995 motion to dismsss charges. Vincent Ortiz would not waive time so the date set for his father Rodney Ortiz had to be switched to fit within a no time waived basis. This went back and forth.
The date for the demurrer to be heard was set, this Thursday in Courtroom 2. The jury trial date was set for July 20 and a trial confirmation for June 25.
If this was not complicated enough, DDA Pizzo pointed out that while the charges that the DA filed were correct, Count 7 was incorrectly entered in the computer and needed to be fixed. It should have been PC 32. This led to Judge Miles checking and reading all the charges against Vincent Ortiz. Then DDA Pizzo asked if Mr. Elvine-Kreiss wanted to amend his demurrer. He then entered a not guilty plea to Count 3, not Count 2 and a demurrer to the rest.
When the court computer errors are fixed, I will list the charges in my next post.
I Broke that news last week.
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned in Courtroom 2 but Vincent Ortiz's arraignment is off calendar.
The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.
Then there was the issue that he has two files that need to be consolidated and half the information was in one file and the other half in another file. DDA Jackie Pizzo said she would file the paperwork and had discussed this with the court computer staff. That was the easiest part of the case.
Then Mr. Elvine-Kreiss said he wanted the oral demurrer heard right there in court. Judge Miles declined. She was the judge in the preliminary hearing and so it should be another judge or judicial officer would have to hear the demurrer. If the demurrer was denied, Mr. Elvine-Kreiss could file a 995 motion to dismsss charges. Vincent Ortiz would not waive time so the date set for his father Rodney Ortiz had to be switched to fit within a no time waived basis. This went back and forth.
The date for the demurrer to be heard was set, this Thursday in Courtroom 2. The jury trial date was set for July 20 and a trial confirmation for June 25.
If this was not complicated enough, DDA Pizzo pointed out that while the charges that the DA filed were correct, Count 7 was incorrectly entered in the computer and needed to be fixed. It should have been PC 32. This led to Judge Miles checking and reading all the charges against Vincent Ortiz. Then DDA Pizzo asked if Mr. Elvine-Kreiss wanted to amend his demurrer. He then entered a not guilty plea to Count 3, not Count 2 and a demurrer to the rest.
When the court computer errors are fixed, I will list the charges in my next post.
I Broke that news last week.
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned in Courtroom 2 but Vincent Ortiz's arraignment is off calendar.
The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.
Judge Miles grants motion and Rodney Ortiz is not allowed to practice as a state licensed contractor
Rodney Ortiz's case was relatively simple. Although he waived time and was arraigned today in Courtroom 2 for jury trial, now his jury trial is set on the same day as his son, who is charged a s a co-defendant, July 20.
The state contractor's licensing board filed a motion prohibiting Rodney Ortiz from being a state licensed contractor.
I broke that news this morning before the court hearing.
Rodney Ortiz's attorney, Public Defender Casey Russo objected saying that the allegations in the homicide case have nothing to do with his client's work.
Deputy General Doug Tuss, who appeared by phone, argued that there was a relation between Rodney Ortiz's actions and that he was charged with murder, violence against another individual and this was not consistent with Califirnia Code Section 868 (d) and (e) and "that the State Board did not want to grant Mr. Ortiz approval as a licensed contractor."
Judge Marilyn Miles granted the Attorney General's motion, "pending resolution of the criminal proceedings" against Rodney Ortiz and he has to submit all documents regarding his contractor license to the State Board.
Previous posts:
The state contractor's licensing board filed a motion prohibiting Rodney Ortiz from being a state licensed contractor.
I broke that news this morning before the court hearing.
Rodney Ortiz's attorney, Public Defender Casey Russo objected saying that the allegations in the homicide case have nothing to do with his client's work.
Deputy General Doug Tuss, who appeared by phone, argued that there was a relation between Rodney Ortiz's actions and that he was charged with murder, violence against another individual and this was not consistent with Califirnia Code Section 868 (d) and (e) and "that the State Board did not want to grant Mr. Ortiz approval as a licensed contractor."
Judge Marilyn Miles granted the Attorney General's motion, "pending resolution of the criminal proceedings" against Rodney Ortiz and he has to submit all documents regarding his contractor license to the State Board.
Previous posts:
May 26, 2015
Attorney General files to prohibit homicide suspect Rodney Ortiz to practice as a state license contractor
On May 21, the Attorney General filed to prohibit Rodney Ortiz from practicing as a state licensed contractor.
Judge Marilyn Miles will rule this afternoon. Rodney Ortiz's medical records from Mercy have also been subpoenaed and a funding order has been submitted for an expert.
I reported last time Vincent Ortiz' arraignment is off. Due to the holiday weekend, I didn't hear from DDA Jackie Pizzo or Vincent Ortiz's attorney Mr. Greg Elvine Kreiss yet.
I am updating details of this hearing shortly...Judge Miles granted the Attorney General's motion.
Last post (with other links):
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned in Courtroom 2 but Vincent Ortiz's arraignment is off calendar.
The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.
Last post:
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1
Judge Marilyn Miles will rule this afternoon. Rodney Ortiz's medical records from Mercy have also been subpoenaed and a funding order has been submitted for an expert.
I reported last time Vincent Ortiz' arraignment is off. Due to the holiday weekend, I didn't hear from DDA Jackie Pizzo or Vincent Ortiz's attorney Mr. Greg Elvine Kreiss yet.
I am updating details of this hearing shortly...Judge Miles granted the Attorney General's motion.
Last post (with other links):
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned in Courtroom 2 but Vincent Ortiz's arraignment is off calendar.
The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.
Last post:
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1
Unsual twist in Silverio Sanchez and Vincent Ortiz cases
Demurrer is the word of the day. Both cases have jury trial dates set. July 28 for Sanchez and July 20 for Rodney and Vincent Ortiz.
Both Silverio Sanchez and Vincent Ortiz may not make it that far though.
Nolo defines demurrer as:
In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint, information, orindictment—is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can’t be used to convict him or her.
Both Silverio Sanchez and Vincent Ortiz may not make it that far though.
Nolo defines demurrer as:
In a criminal case, a demurrer is a defendant’s assertion that the document laying out the charges—the complaint, information, orindictment—is legally insufficient. In demurring, the defendant claims that the charging document is so flawed that it can’t be used to convict him or her.
OR denied for 21 year old with two underage victims
Today there was a bail/OR hearing for Brendan Phillips, a 21 year old charged with sexual abuse of two minor female victims.
DDA Brie Bennett was in court for the People. Conflict Counsel's Mr. Greg Elvine-Kreis is Phillip's attorney.
Mr. Elvine-Kreis said that Phillips was requesting to be released and one of the reasons he gave was the Phillips is the sole provider of his son.
"The People oppose the release due to the defendant's multiple felony charges involving two minor victims," said DDA Brie Bennett. "At least one victim is in fear of her safety."
Due to public safety concerns and based on opposition by the DA, Phillips was denied release. Probation does not do supervised release for such crimes, said Judge Marilyn Miles. Phillips remains in custody.
Due to courtroom acoustics, the clarification is that there are two victims, one 16 and one 14, and the acts that Phillips is charged with were committed with a victim he is at least 10 years older than, according to the complaint.
Details will not be available until the preliminary hearing.
Previous post:
Brendan Phillips stood with his head down in court. Judge Timothy Cissna asked if he wanted an attorney appointed to represent him against the alleged charges. He softly said, yes.
He is 21 years old and one victim is 16 years old. The other two victims, one 14 years old and the other 10 years old. AIDS testing is mentioned in the complaint.
The charges against Phillips are: Count 1 Oral copulation with a victim under 16 years, Count 2 and 3 are the same; Count 4 is unlawful sexual intercourse with an adult over 21 years or more commonly known as statutory rape, Count 5 and 6 are the same; and Count 7 is lewd and lasvicious act where the defendant is 10 years older than the child.
Phillips was appointed Conflict Counsel's David Lee as an attorney. DDA Zach Curtis was present for the People.
OR/Bail hearing is May 26 at 2 p.m. in Courtroom 2, Intervention is May 28 at 3 p.m., and the preliminary hearing is June 4 at 8:30 a.m.
DDA Brie Bennett was in court for the People. Conflict Counsel's Mr. Greg Elvine-Kreis is Phillip's attorney.
Mr. Elvine-Kreis said that Phillips was requesting to be released and one of the reasons he gave was the Phillips is the sole provider of his son.
"The People oppose the release due to the defendant's multiple felony charges involving two minor victims," said DDA Brie Bennett. "At least one victim is in fear of her safety."
Due to public safety concerns and based on opposition by the DA, Phillips was denied release. Probation does not do supervised release for such crimes, said Judge Marilyn Miles. Phillips remains in custody.
Due to courtroom acoustics, the clarification is that there are two victims, one 16 and one 14, and the acts that Phillips is charged with were committed with a victim he is at least 10 years older than, according to the complaint.
Details will not be available until the preliminary hearing.
Previous post:
Brendan Phillips stood with his head down in court. Judge Timothy Cissna asked if he wanted an attorney appointed to represent him against the alleged charges. He softly said, yes.
He is 21 years old and one victim is 16 years old. The other two victims, one 14 years old and the other 10 years old. AIDS testing is mentioned in the complaint.
The charges against Phillips are: Count 1 Oral copulation with a victim under 16 years, Count 2 and 3 are the same; Count 4 is unlawful sexual intercourse with an adult over 21 years or more commonly known as statutory rape, Count 5 and 6 are the same; and Count 7 is lewd and lasvicious act where the defendant is 10 years older than the child.
Phillips was appointed Conflict Counsel's David Lee as an attorney. DDA Zach Curtis was present for the People.
OR/Bail hearing is May 26 at 2 p.m. in Courtroom 2, Intervention is May 28 at 3 p.m., and the preliminary hearing is June 4 at 8:30 a.m.
4 cases on calendar for Silverio Sanchez including arraignment on kidnap, forcible rape, criminal threats and unlawful sexual intercourse with victim 3 years younger
4 cases are on calendar this afternoon in Courtroom 2 for Silverio Sanchez.
Three cases are on for disposition and reset. One for a felony, drugs. Two misdemeanors for assault and battery. The fourth case is for a felony with 10 counts and two special allegations.
Mr. Neal Sanders was appointed on the felony case. Today, Mr. Sanders appeared with Sanchez on behalf of Mr. McLaughlin for the three cases on for disposition and reset. Nothing happened with those three cases.
Neither Judge Marilyn Miles or DDA Andrew Isaac or Mr. Sanders had received the complete preliminary transcript for the felony case with 10 counts so Mr. Sanders said, "I reserve the issue for demurrer. The situation is similar to the previous case." This was referring to the demurrer in the Vincent Ortiz case.
Jury trial is set for July 28 and Trial confirmation is for June 25 at 2 p.m.
Counts 1 and 2 are unlawful kidnapping of Jane Doe to commit rape, Count 3 and Count 4 are criminal threats to Jane Doe and she feared for the safety of her family, Count 5 is stalking, Count 6 attempt to kidnap, Count 7 first residential burglary, Count 8 assault likely to cause great bodily injury, Count 9 forcible rape, Count 10 unlawful sex with a minor 3 years younger.
Three cases are on for disposition and reset. One for a felony, drugs. Two misdemeanors for assault and battery. The fourth case is for a felony with 10 counts and two special allegations.
Mr. Neal Sanders was appointed on the felony case. Today, Mr. Sanders appeared with Sanchez on behalf of Mr. McLaughlin for the three cases on for disposition and reset. Nothing happened with those three cases.
Neither Judge Marilyn Miles or DDA Andrew Isaac or Mr. Sanders had received the complete preliminary transcript for the felony case with 10 counts so Mr. Sanders said, "I reserve the issue for demurrer. The situation is similar to the previous case." This was referring to the demurrer in the Vincent Ortiz case.
Jury trial is set for July 28 and Trial confirmation is for June 25 at 2 p.m.
Counts 1 and 2 are unlawful kidnapping of Jane Doe to commit rape, Count 3 and Count 4 are criminal threats to Jane Doe and she feared for the safety of her family, Count 5 is stalking, Count 6 attempt to kidnap, Count 7 first residential burglary, Count 8 assault likely to cause great bodily injury, Count 9 forcible rape, Count 10 unlawful sex with a minor 3 years younger.
Attorney General files to prohibit homicide suspect Rodney Ortiz to practice as a state license contractor
On May 21, the Attorney General filed to prohibit Rodney Ortiz from practicing as a state licensed contractor.
Judge Marilyn Miles will rule this afternoon. Rodney Ortiz's medical records from Mercy have also been subpoenaed and a funding order has been submitted for an expert.
I reported last time Vincent Ortiz' arraignment is off. Due to the holiday weekend, I didn't hear from DDA Jackie Pizzo or Vincent Ortiz's attorney Mr. Greg Elvine Kreiss yet.
I am updating details of this hearing shortly...Judge Miles granted the Attorney General's motion.
Last post (with other links):
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned in Courtroom 2 but Vincent Ortiz's arraignment is off calendar.
The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.
Last post:
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1
Judge Marilyn Miles will rule this afternoon. Rodney Ortiz's medical records from Mercy have also been subpoenaed and a funding order has been submitted for an expert.
I reported last time Vincent Ortiz' arraignment is off. Due to the holiday weekend, I didn't hear from DDA Jackie Pizzo or Vincent Ortiz's attorney Mr. Greg Elvine Kreiss yet.
I am updating details of this hearing shortly...Judge Miles granted the Attorney General's motion.
Last post (with other links):
Both Rodney and Vincent Ortiz were to be arraigned on August 26. Rodney Ortiz is still set to be arraigned in Courtroom 2 but Vincent Ortiz's arraignment is off calendar.
The court computer lists that Vincent Ortiz's medical records have been subpoenaed from Mercy Medical Center by attorney. Does not state whether it is his attorney Conflict Counsel.
Last post:
http://johnchiv.blogspot.com/2015/05/rodney-ortiz-held-to-answer-on-all.html?m=1
Jason Daniels, former HCSO deputy charged with off duty rape trial confirmation this afternoon
Today, trial conformation is scheduled in Courtroom 5 for Jason Daniels at 2 p.m. Just dates were confirmed.
May 12, 2015
Dates remain set for Jason Daniels, former HCSO Deputy charged with off duty sexual assault charges
A pre-trial conference was held today in Courtroom 5 for Jason Daniels, the former HCSO Deputy charged with off duty sexual assault.
Dates remained set. Nothing else occured today. DDA Andrew Isaac was there for the People. Julia Fox with Daniels who was accompanied by his wife.
Last post:
Apr 7, 2015
Jury trial for Jason Daniels charged with off duty sexual assault charges set for June 15
Jury trial is now scheduled for June 15 largely to accommodate Jason Daniel's attorneys' schedule. Instead of his Bay area attorneys, Julia Fox and Steven Betts appearing with him in court today, Mr. Lawrence Killoran who is representing Daniels in a civil suit filed against him, was present in court today with Daniels. As she has for all court hearings, Daniel's wife was with him. Instead of Mr. Andrew Isaac who is prosecuting the case, DDA Brie Bennett was there today for the People.
In response to Judge Joyce Hinrichs, time was waived by both parties. Mr. Killoran waived full reading of the complaint. Trial Confirmation is May 26 at 2 p.m. and Pre-Trial is May 12 at 2 p.m. in Courtroom 5.
Another post done April 7 (with links to previous coverage):
http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html?m=1
http://johnchiv.blogspot.com/2015/03/jane-doe-1-gives-graphic-testimony-of.html
http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html
http://johnchiv.blogspot.com/2015/04/jury-trial-for-jason-daniels-charged.html
http://johnchiv.blogspot.com/2015/03/witness-shows-up-jason-daniels.html
http://johnchiv.blogspot.com/2015/03/material-witness-against-former.html
http://johnchiv.blogspot.com/2015/03/case-management-conference-held-today.html
Dates remained set. Nothing else occured today. DDA Andrew Isaac was there for the People. Julia Fox with Daniels who was accompanied by his wife.
Last post:
Apr 7, 2015
Jury trial for Jason Daniels charged with off duty sexual assault charges set for June 15
Jury trial is now scheduled for June 15 largely to accommodate Jason Daniel's attorneys' schedule. Instead of his Bay area attorneys, Julia Fox and Steven Betts appearing with him in court today, Mr. Lawrence Killoran who is representing Daniels in a civil suit filed against him, was present in court today with Daniels. As she has for all court hearings, Daniel's wife was with him. Instead of Mr. Andrew Isaac who is prosecuting the case, DDA Brie Bennett was there today for the People.
In response to Judge Joyce Hinrichs, time was waived by both parties. Mr. Killoran waived full reading of the complaint. Trial Confirmation is May 26 at 2 p.m. and Pre-Trial is May 12 at 2 p.m. in Courtroom 5.
Another post done April 7 (with links to previous coverage):
http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html?m=1
Previous posts:
http://johnchiv.blogspot.com/2015/03/jane-doe-1-gives-graphic-testimony-of.html
http://johnchiv.blogspot.com/2015/04/sexual-penetration-by-foreign-object.html
http://johnchiv.blogspot.com/2015/04/jury-trial-for-jason-daniels-charged.html
http://johnchiv.blogspot.com/2015/03/witness-shows-up-jason-daniels.html
http://johnchiv.blogspot.com/2015/03/material-witness-against-former.html
http://johnchiv.blogspot.com/2015/03/case-management-conference-held-today.html
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