Monday, March 10, 2014

Gallegos to decide whether or not to pursue the death penalty in Bodhi Tree - DOUBLE - murder case.

Bodhi Tree determination re death penalty case yet to be determined - John Chiv/Words Worth

The Bodhi Tree trial is still set for March 24. Whether this will be a case in which the death penalty will be sought or not is a determination not yet made. Elan Firpo, who is prosecuting the case for the People told the court that "Mr. (Paul) Gallegos (District Attorney) will be making that determination."

That decision is expected to be made by March 17, which is the date for Trial Readiness Conference, at a special set time of 4 p.m. Trial Assignment Conference is at 8:30 a.m. on March 21.

Bodhi Tree is charged with allegedly shooting Rhett August on May 15 in Eureka and allegedly murdering Alan “Sunshine” Marcet and Christina Schwarz in Arcata on May 18.

Before his case was called, Tree briefly talked to one of his attorneys, Public Defender Casey Russo. His other attorney is Public Defender Heidi Holmquist....

Judge Dale Reinholtsen asked when the determination would be made about this being a death penalty case, at which point Ms. Firpo stated the date and that Mr. Gallegos would be making that decision. This is relevant because if it is a death penalty case, there are procedures to be followed.
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'Chiv'd' - another word for 'Scooped!'
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KIEM report
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Here's what PVG is playing with. A thorough overview of the relevant state and federal issues from the Federal Circuit court that would get any appeal from Mr. Tree.

ca9.uscourts.gov/district/guides/capital_punishment_handbook.pdf

5 comments:

  1. Hmmn, Let's see. Per the Chiv Article, he actually reports the lengthy procedure involved on everything being reported and recorded in a Death Penalty case. Most of which has not happened, thus the rule has already been violated. Tree is also eligible for two lawyers (apparently he has that, however neither Holmquist or Russo have done a Murder trial, and per the Supreme Court are not qualified to do a DP case). There is also a requirement for a dedicated investigator. It sounds like this little maneuver is designed to insure that the Defendant needs a continuance, and thus a pesky trial would not be happening right during a campaign. Oh and case you were wondering, in other counties this decision is made way up front and is not stalled until the very last moment right before trial, but that is how it is supposed to be, and here in Humboldt inside Gallegos' DA's office nothing happens like it is supposed to be.

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  2. Good call. Big stall. The list of procedures for DP cases is long, formidable, and (should be) well known. The idea that any competent DA would be making this decision so late is ludicrous.

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  3. It's mind-boggling, isn't it?

    I'll be shocked if he goes for the death penalty.

    We're into Alice In Wonderland territory.

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  4. Here's what PVG is playing with. A thorough overview of the relevant state and federal issues from the Federal Circuit court that would get any appeal from Mr. Tree.

    http://www.ca9.uscourts.gov/district/guides/capital_punishment_handbook.pdf

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  5. 9:38, I;m bumping that info up into the main post. Thanks.

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