***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 DA opposes motions to dismiss Douglas-Zanotti charges
District Attorney Paul Gallegos argued evidence was properly presented to a grand jury in his response to defense motions seeking the dismissal of the involuntary manslaughter case against former Eureka Police Chief David Douglas and Lt. Tony Zanotti, stemming from the 2006 police shooting death of Cheri Lyn Moore.
Superior Court Judge Timothy Cissna is scheduled to hear oral arguments on the motions for dismissal Aug. 26, at which point he can take the matter under submission or rule from the bench.
I am really looking forward to the 26th ! I would hope Judge Cissna is boning up on his case law so he can make his decision from the bench. That would be the right thing to do.
ReplyDeletePVG has been compared to DA (former DA that is) Nifong on this one. With good reason.
In the response PVG makes reference to the "grand jury" thought this ..... blah blah blah. If (excuse me WHEN) this one goes south PVG is going to dump it on the lap of the GJ, like the coward he is.
PVG's argument about the Ramey warrant (warrantless entry) is so lame. So laughable. So F'ing stupid.
Where do you make a formal complaint against a sitting District attorney? Isn't it true that all police and law enforcment departments have to (BY LAW) have some system in place, a policy, to accept and investigate citizens complaints? What about the DA? Supposedly, allegedly the highest law enforcment officer in the county (or so they say)?
Did he really argue that officers are required to apply for a warrant even when exigent circumstances exist? Because that's just wrong.
ReplyDeleteRed - all of us know thats "plain wrong." The problem is the public doesn't. PVG doesn't care whose rights he tramples on in order to get press for himself and he doesn't care who he lies to and what he lies about. I wish our press would simply ask more questions.
ReplyDeleteThe public relies on its officials to tell them the truth and when those officials don’t tell them the truth it is hard for the public to find out unless the press or places like this blog discuss the issues and ask questions.
For instance when a DA is seeking and indictment and is aware of evidence reasonably tending to negate guilt, the DA is obligated under penal code 939.7 to inform the grand jury of its nature and existence. This means that all evidence that tends to negate guilt must be produced. The ABA has a standard that says that “No prosecutor should knowingly fail to disclose to the grand jury evidence which tends to negate guilt or mitigate the offense.”
PVG violated this when he presented the matter to the GJ. He used the GJ because he knew that he couldn’t get a judge to issue a holding order in the matter due to the law.
This is just plain wrong and smacks of Nifong.
"it's just wrong" is a phrase occasionally used by some senior
ReplyDeletedda's, but never by PVG.
PVG only thinks corporations, non dopers, cops, and any person smarter than him is wrong.
ReplyDeleteBy the by what is former DA Nifong up to these days?