Judge Smith allows two juries – Update 2

I’m re-Tweeting the tweets from the reporters in the courtroom during this morning’s Colonies Four hearing.  You can follow along by checking out the tweets in the box at the bottom of the sidebar on this page.

So far, Judge Smith had granted two juries, one for Jeff Burum, Mark Kirk, and Paul Biane, and a second for Jim Erwin.  It has to do with all the things Erwin has said in the media.

Also, some documents have been turned over to the defense in response to their subpoena.

Update:  One defense motion denied so far.  Judge refuses to throw out embezzlement charge.

Update 2:  Sounds like they are done for the day.  Case back in court on November 6.

8 thoughts on “Judge Smith allows two juries – Update 2

  1. A little was accomplished.

    Back Nov 6 means the Judges calendar is not clear so looks like every Friday until issues resolved.

    Get your popcorn or sleeping bag!

  2. County turned over subpoenaed documents to defense related to a “Johnson Motion”. The hearing was continued in order to review the documents.

    • Would someone be so kind as to explain to us what a Johnson Motion us? Google is not much help on this one.

    • Thanks for the info. Wonder if the box contained anything good?

      Hopefully we will find out Friday?

  3. See Johnson v. Superior Ct. – The issue usually involves a motion to set aside an indictment due to prosecutors failing to present or inform a grand jury of exculpatory evidence or testimony. Usually involves prosecutorial misconduct.

  4. It’s a good thing for the prosecution that I am not a judge hearing the Johnson motion, as it seems to me that a plethora of exculpatory evidence was withheld from the Grand Jury, and that the prosecution went to great lengths to mislead them.

    If I was the judge, and learned that county attorneys were claiming that the settlement was a good deal for the county that saved them money in another courtroom, I would rule that this was clear exculpatory evidence that should have been presented to the Grand Jury.

    And how about Melissa Mandel telling the Grand Jury that The Colonies were losing their lawsuit against the county, when in fact an 18 day trial had recently concluded where the county was found liable to The Colonies? If you wanted a text book case of a prosecutor misleading the Grand Jury, its hard to imagine a better example.

    Fortunately for the prosecution, I’m not ruling on the motions, Judge Smith is. I wonder if the fact that the prosecution is appealing every ruling that they don’t like to the highest court possible is affecting his rulings. I sure hope not.

  5. There is no question since Neil Derry went public with the closed door meetings on the County trying to recover money from their insurance companies and collecting it and telling a civil court the settlement was fair and just, then the DA purporting through false evidence or testimony it was based on fraud is HUGE!

    If the DA or Attorney General STEERED witness testimony in the direction they wanted it to go with witnesses who had FULL knowledge of the civil case but didn’t talk about it because they knew or should have know it could create reasonable doubt to the charges is SERIOUS misconduct.

    Let’s not forget the SEED that was planted on THREE Judges being corrupt or compromised in the Collnies, and those men were NEVER called as a witness or able to defend their character.

    We now know that happened in the POST scandal involving Lt. Bill Maddox. How in gods name do you indicte a person on suppose valid evidence then drop charges and find them factually innocent?

    Sam Clauder was charged based on his kid and ex wife’s statements and those two pieces of shit FAILED a polygraph? Funny they weren’t charged!

    We have one attorney Mitch Norton offering two separate versions of the settlement to two different courts in SWORN testimony or affidavits.

    And we surely can’t forget one witness a convicted liar giving statements to two different law enforcement agencies and that too differs drastically.

    Who was the one in the DAs office who said they knew nothing about the civil case?

    Then take Dino Defazios case being stayed pending the outcome of the Colonies? What the hell do perjury charges against Defazio have to do with the defendants in the Colonies? Defazios testimony belongs to HIM!

    Compare that to the Guiterrez prosecution which everyone knows was done in hopes of Rex rolling over on Jeff Burum.

    The only pattern of wins for Mike Ramos is the result of weak ass defendants or their corrupt lawyers or both.

    The smell of BS is coming through the keyboard.

    I know I know, there may be merit to those other cases, BUT BUT this case is solid.

    On second thought Sharon maybe you should open up that betting operation.

  6. Wow ……I thought this was the one! You know the one motion that was going to get all those charges dismissed and freedom for all those charged. Hmmmmmm…….I read that before.

Leave a Reply