The case of the Davis woman accused of shooting her former boyfriend, 35-year-old Jamie Kinseth, has been delayed until January 15. The case was set for preliminary hearing, but it appeared neither side was ready to proceed a little over a month after the shooting in her apartment on F St in Davis.
There are a number of discover issues that need to be resolved and Judge Paul Richardson set a December 18 hearing for a status conference on the state of the discovery.
Public Defender Joseph Gocke waived both her 10 day and 60 day speedy trial rights to accommodate the need to examine mounds of discovery.
“We are early in the discovery process,” Mr. Gocke told the judge. “We have not received any photos or other AV that I already believe was sent to the prosecutions office.”
Deputy DA Steve Mount told the judge that the discover has been sent to the public defender’s office. “Mr. Gocke may not have seen it yet,” he said. “There is a lot of discovery.”
Both sides are scheduled to view the site which according to Judge Richardson was to view the couch in the department.
“I believe there are more reports that haven’t been even made it to our office yet,” Mr. Mount told the judge.
The original attorney on the case, Mark Reichel told the Vanguard it was his belief that Ms. Gilligan shot Mr. Kinseth in self-defense. He noted text-messages showing her planning to go to Disneyland that morning and Mr. Kinseth refusing to leave the apartment.
However, the Enterprise acquired a police declaration of probable cause which showed her making conflicting statements to police officers regarding the shooting and attempts to move the body and conceal incriminating evidence.
At the last hearing, Mr. Reichel was replaced by the public defenders office and Deputy Public Defender Joseph Gocke.
Judge Richardson on Monday indicated that the January 15 preliminary hearing would be a “long cause” hearing lasting the course of several afternoons.
Mr. Gocke was not sure they would be ready to proceed. “We can see where we are when we get to that point,” he said.
The December 18 hearing will be, according to the judge, “a review of where we are and a disclosure of information.”
—David M. Greenwald reporting