By Vanguard Court Watch Interns
The trial of James Mings ground to a halt on Wednesday when Deputy DA Martha Holzapfel fell ill, causing Judge Richardson to send the jury home.
When the trial resumed on Thursday morning, Ms. Holzapfel was still ill. Her supervisor, Deputy DA Rob Gorman was supposed to take her place and select the jury.
However, differences of opinion in the evaluation of prospective jurors led Mr. Gorman to seek a continuance in the case.
Public Defender Dan Hutchinson would object to the continuance, arguing the lack of good cause.
Judge Richardson, mindful of the jurors’ desire to move the case along, made the decision to deny the request for the continuance. This led to Assistant Chief Deputy District Attorney Michael Cabral objecting, arguing that Mr. Gorman’s offer to get the trial started was done in good faith and the judge’s decision puts their office at a disadvantage.
Mr. Hutchison would then move for dismissal, along with a release of Mr. Mings from custody of the Yolo County Jail if the charges do not get refiled by Monday.
Arraignment would be scheduled for Monday afternoon.
Mr. Mings was indicted on a charge of first degree murder of a Davis resident, which happened at the College Square apartments on J St back in October 1, 2011.
Mr. Mings claims he knew the victim briefly, but the victim was suffering with several illnesses and had asked him to end his suffering.
The victim, 42-year-old Kevin Seery, was reportedly suffering from a number of ailments which included diabetes, chronic pancreatitis, chronic hepatitis and pneumonia at the time of his death. He stood at 6-1 but weighed just 133 pounds.
According to news accounts at the time, Mr. Mings confessed to the killing, turning himself in and claimed that Mr. Seery had asked him to kill him.
Mr. Mings put Mr. Seery in a choke hold and then stuffed a variety of items into his throat, preventing Mr. Seery from breathing.
Gang Charges Filed in Burglary Case
By Vanguard Court Watch Interns
Deputy District Attorney Ryan Couzens is prosecuting two men for burglary, stolen property, and grand theft firearms. Furthermore, Couzens has slapped a number of gang enhancement charges on the defendants.
Mr. Toney and Mr. Granucci represent Aldo Valeriano and Alex Maribarra, respectively.
Since Mr. Toney had recently joined the case he asked for a continuance, which Judge Fall granted.
Mr. Granucci asked for Maribarra to be released from custody on his own recognizance (OR).
Couzens, on the other hand, was strongly against Maribarra being released on OR. Couzens argued that both Valeriano and Maribarra are active Sureño gang members and sell guns on the streets. Couzens felt the defendants were too dangerous to be released on OR. However, Valeriano came to court on Monday February 26, out of custody.
Granucci countered that if Maribarra got a GPS tracking device from probation, he would not be a danger to the community.
Judge Fall sided with Granucci and allowed Maribarra to be released on OR. Maribarra does, however, have to wear a GPS tracking device as a condition of his release.
A few of Maribarra’s family members had attended the hearing. Upon hearing that Maribarra would be released on OR, they gasped in mixed feelings of relief, happiness and surprise.
March 12, at 9:00 a.m., this matter will be on for a trial setting conference in Department 7.
Can you give a clearer explanation? This seems unusual but isn’t understandably explained?
Explanation of what?