Colonies trial postponed until October 2016 — Updated

Colonies Four

At the request of Colonies defendant Paul Biane, Judge Michael Smith postponed the scheduled start date if the Colonies Four trial until October 2016 according to a story in the Press Enterprise.  The reason for delay is a health issue with Biane’s attorney.

The above does not correspond with what had been entered on the minute order for today, so I will update as soon as it is updated.

Here is the minute order in full:

MICHAEL A SMITH, J-JUDGE
CLERK: DOLORES AMADOR
CERTIFIED COURT REPORTER: TW-THERESA WOLFE CSR# TW-6024
BAILIFF JACKSON

APPEARANCES
DEPUTY DISTRICT ATTORNEY DDA LEWIS COPE PRESENT.
DEPUTY ATTORNEY GENERAL MELISSA MANDEL IS PRESENT.
DEPUTY DISTRICT ATTORNEY MICHAEL ABNEY PRESENT.
ATTORNEY STEPHEN LARSON PRESENT.
ATTORNEY MARK ANDRUS PRESENT. ATTORNY JENNIFER KELLER PRESENT. ATTORNEY JONATHAN PHILLIPS PRESENT.
DEFENDANT PRESENT NOT IN CUSTODY.

PROCEEDINGS
ACTION CAME ON FOR PRE DISPOSITION HEARING
/MOTION

MOTION TO CONTINUE TRIAL FILED BY THE DISTRICT ATTORNEY HELD.

ISSUES ARGUED AND SUBMITTED.

FINDINGS/ADVISALS:
BASED ON THE COMPLEXITY – SERIOUSNESS OF THE CASE AND THE MEDICAL ISSUE OF COUNSEL FOR DEFENDANT BIANE – THE COURT FINDS GOOD CAUSE TO CONTINUE TRIAL ON BEHALF OF ALL DEFENDANTS OVER OBJECTIONS RAISED BY DEFENSE.

MOTION TO CONTINUE TRIAL IS GRANTED. EXISTING TRIAL DATES ARE HEREBY VACATED. AS PREVIOUSLY ORDERED – DUAL JURY PANELS WILL BE ORDERED WITH JURY SELECTION TO COMMENCE ON 10/17/16 FOR DEFENDANT ERWIN WITH REMAINING DEFENDANTS TO FOLLOW.

MOTION TO SUPPRESS EVIDENCE SEIZED BY FEDERAL SEARCH WARRANTS EXECUTED BY FBI: COUSNEL INDICATES THAT PROCEEDINGS IN FEDERAL COURT ON THOSE ISSUES ARE STILL PENDING IN THE 9TH CIRCUIT COURT.

REQUEST TO CONTINUE THIS ISSUE IS GRANTED PENDING THE 9TH CIRCUIT RULING.

STATUS CONFERENCE IS SET FOR 5/6/16. IF THERE IS A RULING PRIOR TO THIS DATE – COUNSEL SHOULD ADVISE ALL PARTIES INCLUDING THIS COURT.

MOTION FOR COMPLIANCE OF COURT ORDER FOR DISCOVERY DISCOVERY: ON THE COURT’S OWN MOTION – THIS ISSUE IS CONTINUED TO ALLOW THE COURT ADDITIONAL TIME TO REVIEW MOTION AND RESPONSE TO MOTION. DEFENSE COUNSEL’S REQUEST TO RESERVE THE RIGHT TO ARGUE WHAT IS OUTLINED IN THEIR REPLY IS GRANTED.

THIS MOTION IS CONTINUED TO 2/26/16 AT 10:00.

MOTION FOR RECONSIDERATION OF ORDER DENYING MOTION TO DISMISS THE INDICTMENT PURSUANT TO PC939.71 HELD.

ARGUMENT PRESENTED BY COUNSEL FOR DEFENSE COUNSEL.

12:00
RECESS DECLARED BY THE COURT.

13:31
COURT RECONVENES – ARGUMENT RESUMES

14:35
RECESS DECLARED BY THE COURT.

14:57
COURT RECONVENES – ARGUMENT PRESENTED BY THE PROSECUTION.

16:00
COUNSEL FOR OTHER DEFENDANT’S WISH TO ADDRESS THE COURT. MOTION IS CONTINUED AS FOLLOWED.

OTHER ISSUES: THE PROSECUTION INDICATES THAT THEY WERE PREVIOUSLY ORDERED TO TURN OVER THEIR WITNESS LIST AND EXHIBIT LIST BY TODAY’S DATE AND IN LIGHT OF THE TRIAL BE CONTINUED – THEY REQUEST THOSE LIST BE TURNED OVER 90 DAYS PRIOR TO TRIAL.

COURT ORDERS PROSECUTION TO PROVIDE THEIR WITNESS (REALISTIC) LIST BEFORE 1/8/16 HEARING.

HEARINGS
TRIAL DATE VACATED.

For those wondering about the District Attorney’s motion to delay the trial, it is my understanding is that what they did is agree with Biane’s attorney. Larson wanted a separate trial for Burum and not waive any more time. I’m not sure what Kirk’s and Erwin’s attorneys wanted.

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