As a snail’s pace but this time unavoidable
by Marty Carlson
April 4 2016
Court started a little after 10 o’clock this morning and it was revealed to the court that Jesse Garcia who just had surgery late last week would be out for at least another week. Apparently the doctor has advised for him to take two weeks off but he wants to return next week, and has purchased a wheelchair and walkers to do so. After some conversation between defense attorneys and the judge waivers were obtained in court as far as the preliminary hearing is concerned was adjourned until next Tuesday.
They did keep the scheduled motion hearing on Friday with the Atty. Gen.’s office in the regards of the Department of correction records, and I believe they were talking about Patrick Hampton’s confidential files. I believe all attorneys will be present for this motion on Friday that was originally subpoenaed by Jesse Garcia, the Tim Rayne will take over as far as that motion is concerned is it affects all clients equally.
There were also scheduled a motion hearing for Mr. Forkner’s client Christine DeFilippo, in regards to statements made in New York when the investigators flew out there to interview her. Mr. Forkner feels there was an attorney privilege applied and ignored by investigators.
Martha Magana also made a motion to the court for the District Attorney’s Office to turnover any video or audio, transcripts, or anything else that apply to the Patrick Hampton situation that started in Oakdale and for some reason he was taken to the Sheriff’s Department for six hours. The DA kept insisting there was no other discovery and also stated there was a report by Steve Jacobson that was not complete as of yet. Now remember this incident occurred March 15, 2015 and here we are three weeks later and a DA investigator has not been able to complete his report of thier claim they did not talk to him while he was at the DA’s office or in the car during the transportation of him. But they also claim they investigated the alleged threats made to Patrick Hampton, amazingly they somehow did that without talking to him.
All attorneys and clients re-advised the court that there is a no time waiver if this were to move on to trial and no excuses should be allowed by the Dist. Atty because because she is probably going to be tied up in another multi-defendant gang-related homicide as you saw me report this weekend.
At almost also must be noted that the Modesto bee reporter was in court this morning as we filed out after this short hearing the reporter did stay in the courtroom and talk to the DA and her investigators after the hearing. Might also note that officer Navarro who was sitting in the jury box, as he was scheduled to testify today, he did keep looking at the bloggers in the back row. I guess we’ve got into their head a little bit any think they can intimidate, maybe it’s the other way around.
Court was then adjourned until Friday morning at 930 for the motion hearing.