URGENT ALERT! This case was TOSSED by the Judge - never made it to trial.
☛ ER http://eurekareporter.com/article/080826-judge-throws-out-douglas-zanotti-case
Feeney said the indictments the grand jury handed down to Douglas and Zanotti in December 2007 weren’t supported by probable cause. Insufficient evidence regarding the former leaders’ alleged failure to oversee other law enforcement was also presented to the grand jury, Feeney said, and instructions given on “exigent circumstances” were inadequate.
The grand jury should have also been instructed on justifiable homicide by law enforcement officials, Feeney said.
Original post: ER No charges for Douglas and Zanotti
Zanotti’s attorney, William Rapoport of Redwood City, requested the arraignment be continued because the defense has not received 105 exhibits of evidence — including pictures, Zanotti’s testimony at the County Coroner’s inquest and questions jurors inquired of witnesses who testified.
“We’re entitled to know what the grand jury wanted to get from those witnesses,” Bragg said.
At the prior arraignment date on Feb. 22, Humboldt County District Attorney Paul Gallegos stipulated that he would have copies of the exhibits made — which are court property — and provided to the defense.
That was over a month ago, and they still haven’t been received, Bragg said.
Gallegos said that he expects the exhibits will be provided by the end of the week. “They’re going to get everything,” he said. Read the rest
TS Officers' arraignment postponed once again
In asking for the continuance, Zanotti's attorney, William Rapoport, said the defense has received 15 of the 151 grand jury exhibits.
”I have been continuously trying to get from (District Attorney Paul) Gallegos the discovery, which includes but is not limited to the exhibits from the grand jury,” Rapoport told the court, adding that the exhibits were necessary for the defense to prepare its post-arraignment motions.
Gallegos said his office had the bulk of the grand jury exhibits prepared to turn over to the defense.
”Certainly, they are entitled to all the discovery, and we will give it to them,” Gallegos said....
In court, after assuring the defense he would provide the exhibits and the discovery in a timely matter, Gallegos asked the court to proceed with the arraignment. Feeney declined, and instead granted the continuance. After the arraignment, Gallegos said he wants the case to move forward.
”I'd like to get going,” he said. “We've accommodated them, we've accommodated them and we've accommodated them. I think it's time to get them arraigned, but I guess that will happen on the 22nd.”
Bragg took issue with his comments.
”He has not accommodated us -- we have not gotten the exhibits,” Bragg said. “The only reason we have asked for a continuance is that the District Attorney's Office has failed to get us those exhibits. This was not a defense-generated request for a continuance.”... Read the rest
That word again, certainly...
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