May 2, 2019

Amy Smith just walked out of the courthouse glaring at me


I did not prosecute the case. I didn't make the decision not to do a SART exam or conduct certain tests.

The evidence is what the evidence is and anyone who read my daily coverage of  the casep should not be surprised the jury is deadlocked.

Cases filled with drama, cases where the evidence is not proof beyond a reasonable doubt is not my fault.

9 jurors agree the jury is hopelessly deadlocked, 3 do not


"I dont see that a big of a split becoming unanimous," said Chad Smith's attorney Ms. Ansrea Sullivan. Deputy District Attorney Stacey Eads declined comment.

The jury was sent back for additional deliberations. They return tomorrow.  Three male jurors disagree that the jury is deadlocked. If they are still deadlocked, then Judge Christopher Wilson said he will make a decision. Most likely, he would declare a mistrial.

Chad Smith jurors have sent another note


Chad Smith jurors have sent another note. Attorneys are still.in courtroom. Jurors just came out in the hallway at 3:15 p.m.

Ms. Andrea Sullivan just came out and went to talk to Rick Smith in a conference room. Courtroom will be open shortly.

"It is a pretty weak 273.5"



Aaron Hungerford was held to answer to the corporal injury to spouse and inhabitant charge but the defense motion to reduce it to a misdemeanor. Count 2, vandalism  he was held to answer.

"It's a pretty weak 273.5. At this stage, there is sufficient cause of preliminary. Obviously these people are back together. " Judge Eilson said this will be a difficult case to prove at trial.

Aaron Hungerford preliminary held up after note from Chad Smith


Aaron Hungerford's preliminary hearing for his domestic violence case was rescheduled for today since there was no courtroom available.

His DUI case is on for pre-trial today.

The People had made an offer to resolve both his cases. Jane Doe requested a modification of the protective order and has been to court with Hungerford at recent court hearings.

Hungerford is here alone this morning in a black suit. Now, Jane Doe is here with him. She is the People's first witness.

Another note from Chad Smith jury


Chad Smith jurors got here at 9:36 a.m. A note was sent at 9:48 a.m. It was for assistance with playing videos.

 Jurors left for lunch at 11:55

May 1, 2019

100 defendants, 75 firearms, nine pounds of Meth, three pounds of Fentanyl and heroin



Will alleged sexual batterer Ralph Horn agree to the offer by the People before his arraignment?



Alleged sexual batterer Ralph Horn was scheduled to be arraigned on information for his jury trial today. That arraignment was continued to May 16 so Deputy Conflict Counsel Owen Tipps could discuss an offer with Horn.

Local attorney Ken Bareilles motion to suppress evidence denied



Local attorney Ken Bareilles' motion to supress evidence in his misdemeanor littering case was denied today by Judge Wilson. Leaking oil is the culprit.

Mr. Bareilles and his wife Linda Bareilles testified. Deputy District Attorney Tobias Hasler called Fish and Game Warden Josh Zulliger as a witness.

The People made an offer to resolve the case which requires clean up of soil and a deferred entry of judgement.

Kody Marcelli's jury trial for alleged assault of Gary Harner confirmed


Trial confirmation was scheduled for Kody Marcelli's alleged assault case on May 1. Jury trial  scheduled for May 13 was confirmed.

Victim Gary Harner has been at every court hearing.

Robbery suspect Jorden Sterling's jury trial confirmed



Trial confirmation was continued to May 1 for robbery suspect Jorden Sterling. Jury trial for May 6 was confirmed. Sterling's attorney is Mr. Russ Clanton.

Burger King offers "Pissed Meal", "DGAF" and other mood meals



"Not feeling happy today? Burger King for a limited time will let you order a “Pissed Meal.”

Or a “Blue Meal” if you’re sad, a “YAAAS Meal” if, apparently, you are especially thrilled, a “Salty Meal” or a “DGAF Meal.”

Jury note or verdict in Chad Smith case?


Jurors in the Chad Smith case are here. Both attorneys just went into Courtroom 5. Jurors were escorted into deliberation room by bailiff.

Courtrrom was briefly open but then Judge Christopher Wilson said, "Cannot open the courtroom,yet."

None of Jane Doe 1 or 2 family members are here. Chad Smith's brother Rick is here. Jane Doe #2's father was here this morning.

Attorneys just left. Jurors had  a question about Count 14. That count is a misdemeanor.; it is an alleged violation of restraining order.

Jurors left at 3:30.

Earlier post:
https://johnchiv.blogspot.com/2019/05/dissension-in-ranks.html?m=1



Attorneys cannot agree on a trial date in the Sotolongo case



Setting for murder suspect Gearold Sotolongo  scheduled in Couryroom 2 this morning. It was sent to Courtroom 1 after Judge Kaled Cockrum disqualified himself. Attorneys cannot agree on a trial date.

Later this afternoon, trial confirmation was set for October 2. Jury trial November 4.

Dissension in the ranks?


Jurors in the Chad Smith case started their deliberations around 4 p.m. on April 30. Today, they started deliberations around 9:45 a.m.; they  left for lunch at 11:59.

With the exception of one woman juror, a lot of tense and weary faces.

Romero motion denied for registered sex offender Ryan Landowski



Citing his abysmal record on parole , misrepresentation of facts in the defense Romero motion and diasgreeing with the defense characterization that Ryan Landowski's recent arrest was not a serious offense, Judge Christopher Wilson denied the defense Romero motion today.

A Romero motion is a pleading by the criminal defense asking the court not to consider allowing the prosecution to strike the prior strikes in sentencing.

"This case is not appropriate for a Romero motion," said Judge Wilson.

Landowski is sexually violent predator Joshua Cooley's cousin.

The prosecutor on the case is Mr. Steven Steward. Landowski's attorney is Deputy Conflict Counsel R. J. Leohner.



Previous post:
https://johnchiv.blogspot.com/2019/04/sexually-violent-predator-joshua.html?m=1

James Hearn's preliminary rescheduled for May 13


Intervention was scheduled on April 30 for alleged molestor James Hearn. Preliminary hearing  scheduled for May 8 was vacated.

New dates are intervention on May 9. Preliminary hearing is on May 13.

NYLEX purchases building at 2800 Harris, plans to expand services and build data center



Mohsin Aziz, President of NYLEX. Net. Inc said the company has purchased the building at 2800 Harris Street and will be moving to that location by June 1  2019. The company plans to expand their services and build a data center.