Judge Declines Motion to Dismiss Attempted Murder Charge – Allows Prosecution More Time to Find Witnesses, Courtroom

By Brinda Kalita

INDIO, CA- During a pretrial hearing in the Larson Justice Center/Riverside County Superior Court Friday, Judge Otis Sterling, III, declined to dismiss an attempted murder charge against Steven James Flores after the defense complained he’d waited too long for a trial.

Flores’s attorney (name was not intelligible on the court recording) argued that because the prosecution does not have enough evidence to prove beyond a reasonable doubt that Flores has committed a crime, the trial should be dismissed.

The defense made this argument because the prosecution has not been able to get ahold of one of its witnesses and the alleged victim in the nearly six months since the date the trial was set.

The defense also added that if the prosecution continues to push back the trial date due to its lack of witness control, Flores will also be denied his right to a speedy trial.

However, the prosecution argued that it did not need to get ahold of the witness and the victim at this time because there is no courtroom to hold the trial.

Judge Sterling concurred with the prosecution and allowed Flores’ trial date to be moved to find a courtroom as well as a jury for the trial.

However, Judge Sterling also encouraged the prosecution to “[f]ile a motion. Lay it all out. Let the court track all the history that you are describing right now and then let a judicial officer or myself evaluate from there. I know Mr. Flores wants his day in court, but let the People make an informed decision first.”

Judge Sterling also maintained a bench warrant of $5,000 for any witness that failed to appear in court.

The case is set to reconvene on Feb. 28.

About The Author

Brinda is a student at UC Riverside, pursuing a degree in History with a Law and Society emphasis. She plans to attend law school after receiving her bachelors.

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