***URGENT UPDATE/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.***
TS Commanding officers plead not guilty
EUREKA -- Former Eureka Police Chief David Douglas and Lt. Tony Zanotti pleaded not guilty Tuesday in Humboldt County Superior Court to charges of involuntary manslaughter stemming from their decision-making roles in the 2006 police shooting death of Cheri Lyn Moore.
The two defendants were indicted Dec. 3, 2007, by a criminal grand jury, more than a year and a half after Moore's death.
While entering the pleas, attorneys for Zanotti and Douglas said the defendants waived their right to a speedy trial but retained the right to file motions to dismiss the case and demurrers on the indictments, which Douglas' attorney Bill Bragg later said would have to specifically target the indictments' wording as being ambiguous or invalid.
Superior Court Judge John Feeney scheduled a status-review hearing on the case for Aug. 26, but said he expected to see it return to his chambers before then on potential motions.
ER Officers plead not guilty in Moore death
Defense lawyers also asked the court to release exhibits it held from the grand jury, including questions written by jurors.
Judge John T. Feeney approved the request and said they should be ready by next Tuesday at the latest.
Another topic discussed at the arraignment was a request by the Eureka Times-Standard for evidence exhibits introduced by the Humboldt County District Attorney’s Office.
Feeney said the exhibits, including those to be provided by the court relating to the grand jury, would be placed in the public record.
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