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Yeah the preliminary hearing was scheduled for the 21st, but from what I understand from that article bc the indictment was handed down, the hearing won't happen now. Maybe PrarieWind can help enlighten us on indictment vs hearings.
Typically state prosecutors can bring charges in two ways. He can file an Information with the Court which is the charging documents. The defendant is arrested, if not already, and Arraigned (enters guilty or not guilty plea). Then the will have to be a preliminary hearing or probably cause hearing. There is sort of a mini-trial and the prosecutor must present just enough evidence to convince the judge that there is probable cause for the cause to proceed. The defense can defend at the preliminary hearing. Often preliminary hearings are waived by the defendant. The prosecutor can also bring charges by presenting evidence to a grand jury. This is done in secret and the defense is not allowed to attend or even know what goes on. If the grand jury finds probably cause of the crime they return a "true bill" or a "no bill" if they don't find probably cause. Then this "true bill" is turned into an Indictment that is the charging document filed with the court. Since the grand jury has already found probably cause, no preliminary hearing is required. In this case the DA used a grand jury. Typically prosecutors prefer informations because its just easier and cheaper than impaneling a grand jury. The defense attorney is insinuating that the DA is afraid to have his evidence challenged in a preliminary hearing. Its probably just blustering on the part of the defense attorney.
FYI, in the federal systems, charging by Information is not allowed and all charges must be brought through a grand jury.
The prosecutor could release some information about what his evidence is but he doesn't have to. He does of course have to give everything to the defense, and they could release it as well. But not having a preliminary hearing deprives us of a good chance to see some of the State's case. So we may not get to know a whole lot until trial.
Early on in this case, some folks her saw some of Jeff's social media posts. Wasn't he saying or insinuating then that her death was a drunken accident? That will come back to bite him if now he is saying he was asleep and someone else murdered her.
http://www.al.com/news/birmingham/index.ssf/2018/04/kat_west_death_husband_jeff_we.html
This breaks my heart. Kathleen's mom is standing by Jeff West and refusing to believe he's guilty. She's stated that her daughter was an alcoholic and bi-polar. But the prosecutors stated that the absinthe bottle had Kat's blood on it and the only set of finger prints on the bottle were Jeff Wests. So they are maintaining that Kat died from a fall. This can't explain the blood on the bottle, the fact that the bottle was found upright on top of a cell phone or the fact that JW didn't seem upset at all when he was told his wife was dead.
I just don't want Kat's mother to be heart broken a second time. She's already lost her daughter and now if she finds out that the man she's standing up for is her killer I imagine that would pain her a lot.
Both mothers - who said they are now "attached at the hip" said Kat West's blood-alcohol level was extremely high at the time of her death. Neither believe her online exhibitionism was a factor in her death.
"He wasn't jealous, he knew she was sick and needed the attention," Carolyn West said.
Nancy Martin said she was not aware of that part of her daughter's life until after her death, but said she was not surprised. She said Kat was very insecure and always had been.
"She wanted everyone to think she was beautiful," Martin said.
Martin said nothing could make her think Jeff West is guilty. If there was video of the death showing him killing her, she would think it was doctored.
Wth???Wow, her mom's remarks are pretty harsh
BBM
Sounds like Kathleen's mom is a little in denial. JMO
ETA: Photo of her mom and husband's mom at the link.
Just read this, haven't read anything in the past few days, and WOW! Her own mother thinks he is innocent, and that Kat was an alcoholic who has gone outside without clothes and fallen before! I mean, it's not every day, or even once in awhile case that the in laws back the husband!! This has me just baffled and speechless!Another article with more quotes:
https://www.sfchronicle.com/news/cr...f-slain-exhibitionist-seeks-bond-12818345.php