Molestation charges reduced
A church youth pastor and teacher’s aide was held over on lesser charges than were originally filed against him, a Humboldt County Superior Judge ruled Wednesday.
Andrew Brian Belant, who was 25 when he was arrested on felony charges of child molestation March 1, was held to answer on seven charges of child molestation. Belant, who worked at the Eureka First Presbyterian Church, Jacoby Creek Elementary School, Eureka’s Lafayette and Lincoln Elementary Schools and the Humboldt Child Care Council, has pleaded not guilty to all charges.
Judge Marilyn Miles reduced three counts of oral copulation, including one alleging Belant threatened to retaliate against the alleged victim, to lewd and lascivious acts upon a child younger than 14. She also said there wasn’t sufficient evidence to support a charge of forcible rape, as it didn’t occur on the date alleged in the complaint.
There is sufficient evidence to move forward on two counts of lewd and lascivious acts upon a child younger than 14, Miles said, but not enough evidence to support a similar charge alleged by a different victim.
Belant sat beside his attorney, Patrick Griego, in an orange jail jumpsuit and didn’t speak during the proceedings. He wore glasses, had short, balding hair and facial hair.
District Attorney Paul Gallegos said some of the children’s testimony regarding the charges of oral copulation were contradictory, and that he thinks the transcripts from the victims’ interviews may be inaccurate.
“The fault is on my shoulders,” he said, adding that the DA’s office recently switched to a different interview transcribing company that charged a less-expensive rate.
And though the oral copulation charges were reduced to charges of lewd and lascivious acts, the sentencing range for both are the same — three, six or eight years in prison.
“It really has no impact on what his prison sentence is likely to be,” Gallegos said.
The four male victims are between 9 and 13 years old and knew Belant through after-school programs and from his role as a junior youth pastor. Three witnesses from law enforcement testified, and parts of the children’s interviews were read and referenced in court.
District Attorney Investigator William Honsal, who served a search warrant on Belant’s home around the time of his arrest, testified that when he arrived, a program that erases software was running on one of two computers in Belant’s room.
Honsal said after conferring with another investigator with expertise in that area, he learned the program completely deletes the content of hard drives in emergency situations. Honsal photographed the screen before pulling the computer cord from the wall, he said.
Though the alleged victims didn’t testify in person during Wednesday’s preliminary hearing, they would have to if the case goes to trial, Gallegos said. Most cases are resolved before that point, he said, but at the same time “you always want to prepare for trial.”
Belant is scheduled to appear in court for an arraignment April 29.
By KAREN WILKINSON, The Eureka Reporter
Published: Apr 16 2008, 10:33 PM · Updated: Apr 16 2008, 11:52 PM
Showing posts with label Gallegos' cases. Show all posts
Showing posts with label Gallegos' cases. Show all posts
4.17.2008
TS - Alleged child molestation case takes hit
TS Alleged child molestation case takes hit
Humboldt County Superior Court Judge Marilyn Miles held up charges of lewd behavior with a minor against accused child molester Andrew Belant Wednesday, but told the district attorney that the evidence didn't support felony charges of sexual assault on the dates outlined in the complaint.
The Humboldt County District Attorney's Office case against Belant didn't perfectly line up with testimony from the alleged victims outlined during the preliminary hearing, meaning prosecutors must try to rebolster some of their claims later.
Belant, 25, was a youth pastor at the Eureka First Presbyterian Church and an after school aide at Jacoby Creek School. He was arrested in March and charged with two counts of molesting a child under 14 years old, and was later charged with 15 additional counts stemming from alleged acts with a total of four children. He pleaded not guilty to all charges.
Miles said that District Attorney Paul Gallegos had evidence to hold up lesser charges of lewd and lascivious behavior -- but not the more serious felony charges. She threw out a second complaint of forcible rape against one of the alleged young male victims.
Miles made clear that she was making no finding on whether illicit behavior occurred on other dates. Statements made by four minors during previous interviews allege that repeated molestation did happen.
Belant was brought into the courtroom handcuffed and in an orange jumpsuit, was seated next to his attorney Patrik Griego, and then uncuffed. Humboldt County Sheriff's Deputy Ben Nord testified that he'd learned Belant had also been an aide at Lafayette Elementary School, where he met one alleged victim.
Nord said that the 11-year-old boy told the deputy in a March Child Abuse Services Team Interview that Belant had touched his genitals more than 10 times over an unspecified period of time, and also performed oral copulation on the alleged victim seven times. A second alleged 10-year-old victim from Lafayette, in another March interview, also told investigators that Belant had touched him inappropriately.
But under cross examination by Griego, and upon reviewing an interview transcript, Nord said the first victim never gave a specific time that the alleged oral copulation occurred.
”John Doe 2 was having a difficult time explaining these events,” Nord said.
Miles commented that the complaints she had before her didn't allege any crime occurred in 2007, as much of the evidence suggested, only in 2008. She stressed the importance of specific dates and events in her consideration of the complaints.
Humboldt County Sheriff's Detective Troy Garey, who arrested Belant, testified that another alleged 11-year-old victim had told him during a CAST interview that he'd been sexually abused twice by the man he'd gotten to know in his role as youth pastor.
”He said he was terrified, shocked,” Garey said.
Another boy told Garey in a separate interview that he'd been inappropriately touched by Belant more than 20 times, including at a movie theater and during overnight church-related trips.
But again, under questioning by Griego, Garey said that while his report said the boy had been orally copulated, the transcript of the interview did not contain that specific allegation.
DA Investigator William Honsal said that when a search warrant was served at Belant's house on March 1, investigators found a computer that was allegedly running a program to delete all material on the hard drive. Honsal said it was quickly shut down, but had already apparently performed five of seven sweeps over the disk, which may make any information extremely difficult to retrieve.
Outside the courtroom, Gallegos said that the case didn't align with the evidence presented Wednesday, possibly because of the inherent difficulty in compelling testimony from minors in sexual assault cases.
”That certainly requires me to go back to determine if there was a misrecollection of statements,” Gallegos said.
He said the prosecution will be allowed to present evidence to show crimes were committed on other dates.
John Driscoll/The Times-Standard
Article Launched: 04/17/2008 01:24:09 AM PDT
Humboldt County Superior Court Judge Marilyn Miles held up charges of lewd behavior with a minor against accused child molester Andrew Belant Wednesday, but told the district attorney that the evidence didn't support felony charges of sexual assault on the dates outlined in the complaint.
The Humboldt County District Attorney's Office case against Belant didn't perfectly line up with testimony from the alleged victims outlined during the preliminary hearing, meaning prosecutors must try to rebolster some of their claims later.
Belant, 25, was a youth pastor at the Eureka First Presbyterian Church and an after school aide at Jacoby Creek School. He was arrested in March and charged with two counts of molesting a child under 14 years old, and was later charged with 15 additional counts stemming from alleged acts with a total of four children. He pleaded not guilty to all charges.
Miles said that District Attorney Paul Gallegos had evidence to hold up lesser charges of lewd and lascivious behavior -- but not the more serious felony charges. She threw out a second complaint of forcible rape against one of the alleged young male victims.
Miles made clear that she was making no finding on whether illicit behavior occurred on other dates. Statements made by four minors during previous interviews allege that repeated molestation did happen.
Belant was brought into the courtroom handcuffed and in an orange jumpsuit, was seated next to his attorney Patrik Griego, and then uncuffed. Humboldt County Sheriff's Deputy Ben Nord testified that he'd learned Belant had also been an aide at Lafayette Elementary School, where he met one alleged victim.
Nord said that the 11-year-old boy told the deputy in a March Child Abuse Services Team Interview that Belant had touched his genitals more than 10 times over an unspecified period of time, and also performed oral copulation on the alleged victim seven times. A second alleged 10-year-old victim from Lafayette, in another March interview, also told investigators that Belant had touched him inappropriately.
But under cross examination by Griego, and upon reviewing an interview transcript, Nord said the first victim never gave a specific time that the alleged oral copulation occurred.
”John Doe 2 was having a difficult time explaining these events,” Nord said.
Miles commented that the complaints she had before her didn't allege any crime occurred in 2007, as much of the evidence suggested, only in 2008. She stressed the importance of specific dates and events in her consideration of the complaints.
Humboldt County Sheriff's Detective Troy Garey, who arrested Belant, testified that another alleged 11-year-old victim had told him during a CAST interview that he'd been sexually abused twice by the man he'd gotten to know in his role as youth pastor.
”He said he was terrified, shocked,” Garey said.
Another boy told Garey in a separate interview that he'd been inappropriately touched by Belant more than 20 times, including at a movie theater and during overnight church-related trips.
But again, under questioning by Griego, Garey said that while his report said the boy had been orally copulated, the transcript of the interview did not contain that specific allegation.
DA Investigator William Honsal said that when a search warrant was served at Belant's house on March 1, investigators found a computer that was allegedly running a program to delete all material on the hard drive. Honsal said it was quickly shut down, but had already apparently performed five of seven sweeps over the disk, which may make any information extremely difficult to retrieve.
Outside the courtroom, Gallegos said that the case didn't align with the evidence presented Wednesday, possibly because of the inherent difficulty in compelling testimony from minors in sexual assault cases.
”That certainly requires me to go back to determine if there was a misrecollection of statements,” Gallegos said.
He said the prosecution will be allowed to present evidence to show crimes were committed on other dates.
John Driscoll/The Times-Standard
Article Launched: 04/17/2008 01:24:09 AM PDT
5.22.2007
RS - Trial underway in '03 Bridgeville killing
Trial underway in '03 Bridgeville killing
Karen Wilkinson/The Times-Standard
Article Launched: 05/22/2007 04:26:33 AM PDT
EUREKA -- As a family watched a new “Simpsons” episode along with a friend in 2003, Thomas Arthur Applegate entered their Bridgeville home and shot two of them, killing one, District Attorney Paul Gallegos told a jury Monday.
During opening statements, Gallegos said there's evidence that Applegate, 45, used methamphetamine before traveling from Ukiah to Bridgeville, where he allegedly shot and killed Joey Patrick Church, 36, and wounded Church's friend, Ross Condemi.
Applegate has pleaded not guilty to one count of homicide, one count of attempted murder, one count of assault with a firearm and four special allegations -- three for personally discharging a firearm and another for personally inflicting great bodily injury.
Applegate's attorney, public defender Kevin Robinson, didn't make an opening statement.
The victim's daughter, Brandi, became visibly upset as she took the stand and described the day.
The 11-year-old girl, who was 7 at the time, said she returned home from a friend's house on May 4, 2003, and spoke with her father in their living room shortly before he was shot twice in the abdomen.
She testified about how she climbed out the front window of the house after her father was shot.
Gallegos said Applegate entered Church's home and asked if it was for sale. When he was told the whole town was for sale, he left, only to return later in the day, enter the house, ask the same question and open fire.
Applegate was arrested the next day after he beat and tried to kidnap a woman in a San Luis Obispo restaurant parking lot. He entered guilty pleas to the Southern California charges and was returned to Humboldt County in the summer of 2004.
When Applegate's home was searched May 8, 2003, Gallegos said bullets were found that matched those used on both victims. Also, five shells were found beneath a sofa the man slept on the night of the killing, Gallegos said.
Applegate was identified in a lineup by witnesses in Bridgeville. Robinson could not be reached for comment by deadline.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
Karen Wilkinson/The Times-Standard
Article Launched: 05/22/2007 04:26:33 AM PDT
EUREKA -- As a family watched a new “Simpsons” episode along with a friend in 2003, Thomas Arthur Applegate entered their Bridgeville home and shot two of them, killing one, District Attorney Paul Gallegos told a jury Monday.
During opening statements, Gallegos said there's evidence that Applegate, 45, used methamphetamine before traveling from Ukiah to Bridgeville, where he allegedly shot and killed Joey Patrick Church, 36, and wounded Church's friend, Ross Condemi.
Applegate has pleaded not guilty to one count of homicide, one count of attempted murder, one count of assault with a firearm and four special allegations -- three for personally discharging a firearm and another for personally inflicting great bodily injury.
Applegate's attorney, public defender Kevin Robinson, didn't make an opening statement.
The victim's daughter, Brandi, became visibly upset as she took the stand and described the day.
The 11-year-old girl, who was 7 at the time, said she returned home from a friend's house on May 4, 2003, and spoke with her father in their living room shortly before he was shot twice in the abdomen.
She testified about how she climbed out the front window of the house after her father was shot.
Gallegos said Applegate entered Church's home and asked if it was for sale. When he was told the whole town was for sale, he left, only to return later in the day, enter the house, ask the same question and open fire.
Applegate was arrested the next day after he beat and tried to kidnap a woman in a San Luis Obispo restaurant parking lot. He entered guilty pleas to the Southern California charges and was returned to Humboldt County in the summer of 2004.
When Applegate's home was searched May 8, 2003, Gallegos said bullets were found that matched those used on both victims. Also, five shells were found beneath a sofa the man slept on the night of the killing, Gallegos said.
Applegate was identified in a lineup by witnesses in Bridgeville. Robinson could not be reached for comment by deadline.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
ER - Children of slain man take the stand in his murder trial
Children of slain man take the stand in his murder trial
by Kara Machado, 5/21/2007
The girlfriend and two children of a murder victim testified Monday, the first day of Thomas Arthur Applegate’s trial.
Applegate, 44, has been charged with the May 4, 2003, murder of Joey Patrick Church, 34, with a special allegation that he did so with a firearm; the May 4, 2003, attempted murder of Ross Condemi, 48, with a special allegation that he discharged a firearm during the commission of the crime; the May 4, 2003, assault of Condemi with a firearm with a special allegation that he used a .44-caliber pistol and another special allegation of great bodily injury.
Humboldt County Public Defender Kevin Robinson said Applegate has entered two pleas: First, Applegate pleaded not guilty to the charges against him, as well as entered denials to all special allegations; and second, he pleaded not guilty by reason of insanity.
In Humboldt County District Attorney Paul Gallegos’ opening statement to jurors, he painted a time frame from the days leading up to the killings to the day Church was killed and Condemi was injured.
On Thursday, May 1, 2003, Gallegos said, Applegate told his employer he would be going to Mexico for four days. The following day, he stayed with his father in Paso Robles.
On Saturday, May 3, 2003, Applegate drove one hour south to the San Luis Obispo airport, where he parked his black Jeep and rented a gold Kia.
He then returned home to get a .44-caliber handgun that he would eventually bring up to Humboldt County, Gallegos said, and told his girlfriend he would be going to Mexico for four days.
Applegate soon ended up in Ukiah, where he stayed at a Holiday Inn Express. The next morning, he called some friends and asked them to go with him to Bridgeville to look for property.
Prior to going home to have Applegate meet them there, one of Applegate’s friends saw the .44-caliber handgun on a nightstand.
At the friends’ house, Applegate allegedly participated in the ingestion of methamphetamine, Gallegos said, before the group left for Bridgeville.
At about 4:58 p.m. on Sunday, May 4, 2003, the gold Kia arrived in Bridgeville for the first time, Gallegos said.
Then, at 6:22 p.m., Applegate allegedly arrived at Church’s house, where he asked Church’s girlfriend, Carrie Erickson, if the house was for sale. Erickson told him no.
At 6:29 p.m., Applegate left the Bridgeville area, Gallegos said. His friends wanted to go home, but Applegate asked them to call their son to pick them up at a gas station.
“(Applegate) told them when he got back from Bridgeville (again), he would drive by the gas station to see if they were still there,” Gallegos said, “(and, if so,) he would pick them up.”
At 8:06 p.m. the gold Kia went back to the Church household, where two of Church’s three children — then-7-year-old Brandi and then-10-year-old Alexander — Erickson and Condemi were watching “The Simpsons” on television.
“Either he opened the door, the door was open or he forced it open, (but) he is (somehow) in the (doorway’s) threshold and asked if the house was for sale (or the town),” Gallegos said. “Church said no; Applegate said, ‘Kids, go to the room’; he pulled out the .44-caliber (handgun and began shooting).”
Gallegos said Church was first shot in the left shoulder. The bullet went through his chest and lodged under his armpit.
Condemi, Gallegos said, pulled his legs up to his body and was shot in the leg, “shattering the bone.”
As Church attempted to run, Applegate allegedly shot him in the hip. The bullet from that shot went into his leg. Church then collapsed and died, Gallegos said.
During Brandi’s testimony, she said just prior to the shooting, she had come home from a friend’s house and was telling the household about her day.
“‘The Simpsons’ just came on and about 10 minutes later (the shooter) came in,” Brandi said.
When asked where everyone was sitting prior to the shooting, Brandi said she didn’t know and broke into tears.
She later said she remembered someone knocked on the door and he was let in.
Brandi, Alexander and Erickson all testified they identified Applegate as the shooter in a past photo lineup, but he looked different in court Monday.
Erickson — who sobbed during most of her testimony — said she only knew Applegate as the person who “shot my baby’s father” and Condemi.
She said when Applegate asked if the house was for sale again, during the second visit to Church’s home, Church said the town was for sale, not just the house.
Applegate, Erickson testified, was wearing a black and white checkered button-up flannel, pants and a T-shirt.
The gun he allegedly drew on the household came from his left side, Erickson testified.
During the shooting, Erickson said she and the children ran into her and Church’s bedroom. When they thought the shooter left, they climbed out a window and ran to a neighbor’s house.
Both Brandi and Erickson testified they saw the first time Church was shot.
Alexander said on the way out the bedroom window, he grabbed his father’s .22-caliber rifle “as protection.”
Erickson said she left the children at the neighbor’s house and came back to the house to check on Church.
“Joey was in the house on the floor laying next to the bathroom and he wasn’t breathing.”
Erickson is scheduled to resume her testimony today at 9 a.m. in Humboldt County Superior Court Judge John T. Feeney’s courtroom.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
by Kara Machado, 5/21/2007
The girlfriend and two children of a murder victim testified Monday, the first day of Thomas Arthur Applegate’s trial.
Applegate, 44, has been charged with the May 4, 2003, murder of Joey Patrick Church, 34, with a special allegation that he did so with a firearm; the May 4, 2003, attempted murder of Ross Condemi, 48, with a special allegation that he discharged a firearm during the commission of the crime; the May 4, 2003, assault of Condemi with a firearm with a special allegation that he used a .44-caliber pistol and another special allegation of great bodily injury.
Humboldt County Public Defender Kevin Robinson said Applegate has entered two pleas: First, Applegate pleaded not guilty to the charges against him, as well as entered denials to all special allegations; and second, he pleaded not guilty by reason of insanity.
In Humboldt County District Attorney Paul Gallegos’ opening statement to jurors, he painted a time frame from the days leading up to the killings to the day Church was killed and Condemi was injured.
On Thursday, May 1, 2003, Gallegos said, Applegate told his employer he would be going to Mexico for four days. The following day, he stayed with his father in Paso Robles.
On Saturday, May 3, 2003, Applegate drove one hour south to the San Luis Obispo airport, where he parked his black Jeep and rented a gold Kia.
He then returned home to get a .44-caliber handgun that he would eventually bring up to Humboldt County, Gallegos said, and told his girlfriend he would be going to Mexico for four days.
Applegate soon ended up in Ukiah, where he stayed at a Holiday Inn Express. The next morning, he called some friends and asked them to go with him to Bridgeville to look for property.
Prior to going home to have Applegate meet them there, one of Applegate’s friends saw the .44-caliber handgun on a nightstand.
At the friends’ house, Applegate allegedly participated in the ingestion of methamphetamine, Gallegos said, before the group left for Bridgeville.
At about 4:58 p.m. on Sunday, May 4, 2003, the gold Kia arrived in Bridgeville for the first time, Gallegos said.
Then, at 6:22 p.m., Applegate allegedly arrived at Church’s house, where he asked Church’s girlfriend, Carrie Erickson, if the house was for sale. Erickson told him no.
At 6:29 p.m., Applegate left the Bridgeville area, Gallegos said. His friends wanted to go home, but Applegate asked them to call their son to pick them up at a gas station.
“(Applegate) told them when he got back from Bridgeville (again), he would drive by the gas station to see if they were still there,” Gallegos said, “(and, if so,) he would pick them up.”
At 8:06 p.m. the gold Kia went back to the Church household, where two of Church’s three children — then-7-year-old Brandi and then-10-year-old Alexander — Erickson and Condemi were watching “The Simpsons” on television.
“Either he opened the door, the door was open or he forced it open, (but) he is (somehow) in the (doorway’s) threshold and asked if the house was for sale (or the town),” Gallegos said. “Church said no; Applegate said, ‘Kids, go to the room’; he pulled out the .44-caliber (handgun and began shooting).”
Gallegos said Church was first shot in the left shoulder. The bullet went through his chest and lodged under his armpit.
Condemi, Gallegos said, pulled his legs up to his body and was shot in the leg, “shattering the bone.”
As Church attempted to run, Applegate allegedly shot him in the hip. The bullet from that shot went into his leg. Church then collapsed and died, Gallegos said.
During Brandi’s testimony, she said just prior to the shooting, she had come home from a friend’s house and was telling the household about her day.
“‘The Simpsons’ just came on and about 10 minutes later (the shooter) came in,” Brandi said.
When asked where everyone was sitting prior to the shooting, Brandi said she didn’t know and broke into tears.
She later said she remembered someone knocked on the door and he was let in.
Brandi, Alexander and Erickson all testified they identified Applegate as the shooter in a past photo lineup, but he looked different in court Monday.
Erickson — who sobbed during most of her testimony — said she only knew Applegate as the person who “shot my baby’s father” and Condemi.
She said when Applegate asked if the house was for sale again, during the second visit to Church’s home, Church said the town was for sale, not just the house.
Applegate, Erickson testified, was wearing a black and white checkered button-up flannel, pants and a T-shirt.
The gun he allegedly drew on the household came from his left side, Erickson testified.
During the shooting, Erickson said she and the children ran into her and Church’s bedroom. When they thought the shooter left, they climbed out a window and ran to a neighbor’s house.
Both Brandi and Erickson testified they saw the first time Church was shot.
Alexander said on the way out the bedroom window, he grabbed his father’s .22-caliber rifle “as protection.”
Erickson said she left the children at the neighbor’s house and came back to the house to check on Church.
“Joey was in the house on the floor laying next to the bathroom and he wasn’t breathing.”
Erickson is scheduled to resume her testimony today at 9 a.m. in Humboldt County Superior Court Judge John T. Feeney’s courtroom.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
Related/Updated:
Insanity phase of trial begins
Jurors find Applegate guilty
First-degree murder off table
Jury deadlocked in murder trial
ER - Jury begins deliberating in Bridgeville murder trial today 6/6/2007
ER - Bridgeville murder trial enters third week of testimony
ER - Murder trial continues with evidence technician's testimony
ER - Witness testifies about Bridgeville murder
ER - Sheriff's detective takes stand in murder trial
ER - Father of man accused of murder given immunity
ER - Testimony in murder trial reveals meth use, witness of handgun
ER - Acquaintances of man on trial for murder testify
ER - Surviving shooting victim takes stand in second day of murder trial
ER - Children of slain man take the stand in his murder trial
TS - Trial underway in '03 Bridgeville killing
ER - Jury selected for Applegate trial
TS - Jury selection under way in trial of suspect in 2003 homicide
ER - 2003 murder case goes to trial
ER - Retrial for man accused in Orick woman's death moved back a month
Retrial for man accused in Orick woman's death moved back a month
by Kara Machado, 5/22/2007
Humboldt County Superior Court Judge Timothy Cissna decided Monday to move Joseph Pierre Rollin’s trial from June 8 to July 9.
The request to push the trial over one month was brought before Cissna by Rollin’s attorney, Humboldt County Deputy Public Defender Mike Eannarino.
Eannarino said he needed more time to prepare for trial by acquiring the services of expert witnesses.
As of Monday, Eannarino said he was closing in on possibly two expert witnesses.
Humboldt County District Attorney Paul Gallegos did not object to the continuance. However, he commented in court that the defense was “sparse on details” about why it needed its expert witnesses or “what the purpose (would be for) its expert witnesses.”
After Cissna vacated Rollin’s previous court dates and set new ones, he recommended Eannarino get his expert witnesses posthaste so there wouldn’t be a need for another continuance.
Monday’s decision was made a week after Eannarino initially brought up the request for a continuance. Rather than make a decision then, Cissna opted to hold off on a ruling on the continuance until Monday in order to give Eannarino more time to come up with a time frame.
Rollin’s case is being retried after being overturned on appeal — he was previously convicted in connection with the 2002 death of Orick resident Joi Henderson Wright.
According to past reports, Rollin’s conviction was overturned in December due to Humboldt County District Attorney Paul Gallegos using Rollin’s non-Mirandized denial of responsibility as evidence against him.
During his court appearance Monday, Rollin sat in the back section of the courtroom’s jury box, his left wrist cuffed to another inmate.
Rollin, who typically wears wire-rimmed glasses with dark lenses during court proceedings, is a tall, lanky man with curly, bushy salt-and-pepper hair.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
by Kara Machado, 5/22/2007
Humboldt County Superior Court Judge Timothy Cissna decided Monday to move Joseph Pierre Rollin’s trial from June 8 to July 9.
The request to push the trial over one month was brought before Cissna by Rollin’s attorney, Humboldt County Deputy Public Defender Mike Eannarino.
Eannarino said he needed more time to prepare for trial by acquiring the services of expert witnesses.
As of Monday, Eannarino said he was closing in on possibly two expert witnesses.
Humboldt County District Attorney Paul Gallegos did not object to the continuance. However, he commented in court that the defense was “sparse on details” about why it needed its expert witnesses or “what the purpose (would be for) its expert witnesses.”
After Cissna vacated Rollin’s previous court dates and set new ones, he recommended Eannarino get his expert witnesses posthaste so there wouldn’t be a need for another continuance.
Monday’s decision was made a week after Eannarino initially brought up the request for a continuance. Rather than make a decision then, Cissna opted to hold off on a ruling on the continuance until Monday in order to give Eannarino more time to come up with a time frame.
Rollin’s case is being retried after being overturned on appeal — he was previously convicted in connection with the 2002 death of Orick resident Joi Henderson Wright.
According to past reports, Rollin’s conviction was overturned in December due to Humboldt County District Attorney Paul Gallegos using Rollin’s non-Mirandized denial of responsibility as evidence against him.
During his court appearance Monday, Rollin sat in the back section of the courtroom’s jury box, his left wrist cuffed to another inmate.
Rollin, who typically wears wire-rimmed glasses with dark lenses during court proceedings, is a tall, lanky man with curly, bushy salt-and-pepper hair.
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