Latest Update 4/12/10

Confusing and tense hearing today. The judge denied (without prejudice) the defense’s motion to dismiss the charges and the motion to prevent the prosecution from seeking the death penalty. However, he ruled that her 4th amendment rights were violated when the documents (4 page timeline and 6 page document describing her life and relationships) were seized from her jail cell. Judge felt that it should have been apparent that the documents might be considered priviledged information. The documents will be suppressed. Information found in the documents may not be used to instigate inquiry. If the defense presents either document in court, prosecution will not be allowed to cross examine or make rebuttal. The defense has also asked that both DAs and both detectives be recused from the case, since they know about contents of the papers. This will be discussed at the hearing on April 27th, with the county attorney and the California State Attorney General arguing for the detectives and the deputy district attorneys respectively.

My friend, Mala, commented that it was like the myth of Sisyfus, and that’s a good analogy. It DOES feel like we keep rolling a huge stone up a hill, only to have it roll back down (sometimes right over us) whenever we near the top. Easy to feel discouraged, as much as we try to be patient. It’s a bit of an emotional rollercoaster, going from motion to motion, hearing to hearing. I miss my boys – steady kind Neal, sweet angel Devon and quicksilver little Ian. That’s enough to deal with. Monkey.

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One Response to Latest Update 4/12/10

  1. cortesfamily1 says:

    Oh what a tangled web is our “judicial” system! After 2 1/2 years we await a May 3rd trial for the third kidnapper/killer of our son, Adam. We know we will never have closure, and we know it will never REALLY end, because of the APPEAL process. The first two received life sentences for kidnapping and first degree murder, as well as time for arson. They are both now appealing. The state was prosecuting the third (the supposed ring leader) seeking the death penalty, but we have asked that to be reduced to life without parole. The extended process of prosecuting a death penalty case was literally killing us. The defense was planning a trip to Belise to prepare his mitigating factors! Unbelievable! Now he will not be isolated on death row; he will be in with the general population….as long as he is never set free to do this to anyone else…we can live with that. We really don’t have any choice.

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