Howard K. Stern has moved up his arraignment date to April 7, the same day as Dr. Khristine Eroshevich is scheduled to be arraigned. This is good news, in my opinion, as the two defense teams might be able to help each other prepare and go through all of the evidence Danny Santiago and unnamed investigators accumulated in just a tad over two years including the lists and statements of everyone Mr. Santiago and/or others interviewed.
Then there will be the preliminary hearing within 10 court days to “show probable cause”, (since this was a Warrant and not a grand jury indictment the defense teams get a lot more lead way in the preliminary hearing), which will be on or no later than April 22. This hearing must not be later than ten court days after the arraignment per California statute.
The prosecutor must prove all charges and conduct enhancements against the defendants at the preliminary hearing. Howard K. Stern’s legal team, led by Steven H. Sadow of Atlanta Georgia, and Dr. Khristine Eroshevich’s attorney, Adam Braun, will get to cross examine any witnesses and challenge the evidence against either of them at this hearing. The defense team can also file motions to suppress evidence against either of them, remember after the April 7 hearing will be the first time either defendants’ defense team will be granted full access to all of the evidence. However at the preliminary hearing both defendants’ legal team are restricted by Penal Code section 866. The legal teams are only allowed to put on evidence that will establish an affirmative defense, negate an element of the crime charged (I. E. intent for a crime as is charged in this case), and they will also be allowed to impeach the testimony of witnesses.
If the judge determines that the prosecution has presented sufficient evidence to hold both Stern and Dr. Eroshevich, the threshold is not like that at a trial it is much lower for the judge, for trial, following the arraignment and preliminary hearing the judges in California criminal courts normally will then order both to appear for a “second arraignment” on a charging document known as an “information.” That arraignment must occur within 15 days of the conclusion of their preliminary hearing which would be on or before May 7.
Stern and Dr. Eroshevich can ask for a “speedy trial”, which must begin within 60 calendar days from the second arraignment date “document of information hearing”, which would be by July 7, 2009.
It seems to me both want to get this started so their defense teams with their investigators, we don’t know the names of Stern’s investigators, but Dr. Eroshevich’s investigators will be headed up by John J. Nazarian P. I. and his firm Nazarian and Associates, can begin to research the witnesses, interview them, find out who all the state investigators (Danny Santiago) has talked to and all records looked at that were included in the sworn statement of Mr. Santiago used when obtaining the warrants for arrests issued on March 12.
In other news Howard K. Stern won his hearing against Mark Speer on Friday March 27, and so that defamation case is going forward with discovery beginning now. I would think this hearing and beating the “anti slapp” statute of California is a big win and will strengthen Stern’s suit against Rita Cosby and Hachette Books.
It looks like it is going to be a busy spring and summer. We have new Casey Anthony papers up as well including the transcript of the interview with the private investigator, Dominic Casey whom worked for the George and Cindy Anthony family. There are the statements of Roy Kronk and Mr. Hoover the photographer that was in the area and filmed Mr. Casey in November 2008 in the same location where Caylee’s remains were later found. We will try to have all of these coded for you to download later today.
There are also new filings in the Roland Carnaby case that needs to be coded in and then you can look at some of the people listed as witnesses in the civil rights violation trial including the ex-president, the first President Bush.
Lastly, we are waiting on the Phil Spector trial verdict as well, that case was given to the jury on March 26, and we look forward to Sprocket’s coverage of the verdict when it comes in.
Lot’s of papers to read and lots of trials to follow. We look forward to your input on these cases with good discussions of the facts and documents.
April 1, 2009
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