Thursday, November 05, 2009

Bradshaw Prelim scheduled for today...BUT

Hearing for McKinleyville murder case continued
The preliminary hearing for a McKinleyville man accused of killing his wife last year was delayed Thursday to allow the court to analyze discovery documents in the case....

Defense attorney Peter Martin had submitted a motion to request discovery documents in the case. Humboldt County District Attorney Paul Gallegos and Martin agreed that the DA's Office would submit all materials to the court for Humboldt County Superior Court Judge Joyce Hinrichs to review.

By law, the prosecution does not have to turn over certain materials to the defense and Hinrichs will decide what the defense needs and is legally obliged to see, Gallegos said.

This allows the defense to discuss with the court how they are approaching the case without the prosecutor and to determine if any materials from the DA's Office relates to that approach, Gallegos said.

”He'll be reluctant to tell the court what his angle is in front of me,” he said.

Hinrichs will determine if there is any evidence in the DA's materials that relates to what the defense needs and -- if allowed by law -- release that information, Gallegos said.

”We want to make sure the defense is clear he's been provided with everything he's entitled to by law,” Gallegos said.

Martin declined to comment on the case. In court, he had previously requested a copy of a computer hard drive that was seized during the investigation.

In cases where a hard drive is seized, the original drive is kept intact and a copy is made for the DA's office and another for the defense, if requested, Gallegos said. The defense's copy is made in a protected format so changes cannot be made unless tampered with, he said.

Bradshaw's next court date is Dec. 11.


”We want to make sure the defense is clear he's been provided with everything he's entitled to by law,” Gallegos said.

Sounds like he's been holding out.

***

PREVIOUSLY:
DA's office (Paul Gallegos) still undecided in Bradshaw case; Gallegos to talk to pathologist next week May 28, 2010
Bradshaw sentencing postponed, Gallegos "weighing" decision May 5, 2010
...Humboldt County District Attorney Paul Gallegos received Super's report last week, but has yet to decide how to proceed with the case. At Tuesday's hearing, Bradshaw's attorney, Peter Martin, said Gallegos had contacted him asking that the sentencing hearing be postponed.

”He wants more time, I believe, to review the medical report and to request supporting materials from the medical examiner,” Martin said....

”It's going to be something Paul's going to have to think about.” April 27, 2010
-- Bradshaw autopsy report with Humboldt County DA; indicates blunt force trauma as cause of death
Autopsy report coming in Bradshaw case; plea agreement hinges on results for McKinleyville man accused of wife's murder APRIL 24, 2010
Bradshaw positively identified; full autopsy report pending more test results FEBRUARY 01, 2010
Autopsy set for Sunday in Bradshaw case JANUARY 23, 2010
ANOTHER PLEA DEAL - Bradshaw agreed to give location of body in plea deal JANUARY 09, 2010
Robin Stuart Bradshaw entered into a plea agreement with prosecutors last month, agreeing to disclose the location of his wife's body and plead guilty to voluntary manslaughter, court records show.
Authorities believe they have found the body of missing McKinleyville woman JANUARY 08, 2010
The person further told investigators, according to the affidavit, that Robin Bradshaw confessed to first burying his wife in a shallow grave in the backyard of his home, only to later dig her body up and bury it on an undeveloped Danco subdivision off of Fieldbrook Road in McKinleyville.
Hearing for McKinleyville murder case continued NOVEMBER 05, 2009
Bradshaw Prelim continued to Nov. 5 SEPTEMBER 30, 2009
Prelim for Robin Stuart Bradshaw JULY 07, 2009
Bradshaw pleads not guilty to murdering wife June 16, 2009
Robin Stuart Bradshaw, arrested JUNE 16, 2009
Second search warrant issued in missing woman case - and a request to seal documents January 29, 2009
Monica Bradshaw: MISSING January 27, 2009

3 comments:

  1. I don't know Rose, Peter Martin is... well? Let's just say he is not a sterling example of an attorney. He was a disaster as a deputy DA.

    Mr. Bradshaw and his family must have money to be had or PM wouldn't be involved.

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  2. I don't get it. Why is the DA not just turning this crap over? If the guy is guilty, turn it over, let the prelim proceed and fry the dude. This hide the ball shit is disturbing. Especially, since the DA will have to produce it later. Why this stupid fight? He has the evidence. Quit wasting time trying to get the judge to only release a portion of it now and the rest later. Release it, have the hearing and move on. Something stinks here if the state won't turn over evidence in its hands. I just don't like it.

    ReplyDelete
  3. Right on 915. The DA's office should not be afraid of the facts. Well,
    most DA's offices, anyway.

    ReplyDelete

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