GUILTY CA - Erin Corwin, 19, pregnant, Twentynine Palms, 28 June 2014 - #13

[heartgoesout]

So what would make the judge fall into that category?

 

[Dmacky]

Action: 08/19/2014 - EX PARTE HEARING RE: ARREST WARRANT 08/26/2014 - IN CUSTODY ARRAIGNMENT 09/16/2014 - PRE-PRELIMINARY CONFERENCE 10/29/2014 - EARLY DISPOSITION HEARING 12/02/2014 - EARLY DISPOSITION HEARING 01/06/2015 - EARLY DISPOSITION HEARING 03/04/2015 - PRE-PRELIMINARY CONFERENCE 04/01/2015 - PRE-PRELIMINARY CONFERENCE 04/02/2015 - PRELIMINARY HEARING 04/22/2015 - ARRAIGNMENT ON INFORMATION

Case FMB1400414 Defendant 4218318 LEE , CHRISTOPHER BRANDON


Action: ARRAIGNMENT ON INFORMATION Date: 04/22/2015 Time: 8:30 AM
Division: M2 Hearing Status: DISPOSED


RODNEY A CORTEZ, J-JUDGE

CLERK: DEBORAH HAGEDORN

CERTIFIED COURT REPORTER: CO-CONNIE OZBURN CSR# CO-10031

BAILIFF M BROWN

-

-

APPEARANCES

DEPUTY DISTRICT ATTORNEY SEAN DAUGHERTY PRESENT.

ATTORNEY DAVID J.P. KALOYANIDES PRESENT.

DEFENDANT PRESENT IN CUSTODY.

-

-

PROCEEDINGS

ACTION CAME ON FOR ARRAIGNMENT

-

-

CCP170.6 FILED AS TO JUDGE RODNEY A CORTEZ.

CCP170.6 IS DENIED AND WAS NOT FILED TIMELY.

DEFENSE COUNSEL STATES HE MAY FILE WRIT.

-

-

COPY OF PRELIMINARY HEARING TRANSCRIPT GIVEN

TO DEFENSE COUNSEL.

-

-

ATTORNEY FOR DEFENDANT WAIVES FORMAL ARRAIGNMENT AND ADVISAL OF CONSTITUTIONAL AND STATUTORY RIGHTS.

READING OF INFORMATION WAIVED.

STANDARD DISCOVERY ORDERS MADE BY THE COURT.

-

-

PLEA INFORMATION

DEFENDANT PLEADS NOT GUILTY TO ALL COUNTS.

DEFENDANT DENIES SPECIAL ALLEGATIONS.

-

-

HEARINGS

PRE-TRIAL SET FOR 05/26/2015 AT 8:30 IN DEPARTMENT M2. DEFENDANT ORDERED TO APPEAR.

-

-

TIME WAIVERS

DEFENDANT WAIVES TIME TO 05/26/2015 PLUS 60 DAYS.

SET LAST DATE FOR TRIAL TO 07/27/2015.

-

-

CUSTODY STATUS

CASE CUSTODY - IN CUSTODY

COMMITMENT ISSUED (PENDING)

============= MINUTE ORDER END ================

-

-

10:13

MATTER IS RECALLED.

RODNEY A CORTEZ, J-JUDGE

CLERK: DEBORAH HAGEDORN

CERTIFIED COURT REPORTER: CO-CONNIE OZBURN CSR# CO-10031

BAILIFF M BROWN

-

-

APPEARANCES

DEPUTY DISTRICT ATTORNEY SEAN DAUGHERTY PRESENT.

ATTORNEY DAVID J.P. KALOYANIDES PRESENT.

DEFENDANT PRESENT IN CUSTODY.

-

-

COURT EXPLAINS TO COUNSEL THAT THE SCHEDULE OF

ASSIGNMENTS IS POSTED ON THE COURTS WEBSITE

WHICH IS AVAILABLE FOR VIEWING TO THE PUBLIC.

AND THAT THE CASES FOR JOSHUA TREE ARE SET IN

EACH DEPARTMENT BASED UPON THE ENDING NUMBER

(EVEN/ODD) AND THAT EACH CASE IS HANDLED IN THAT

DEPARTMENT FOR ALL PURPOSES.

============= MINUTE ORDER END ================

 

[Dmacky]

It appears on the open access that Chris's attorney is asking the judge to recuse himself. I could get the open access to post

From everything I have read about CCP170.6 it appears the defense is trying to disqualify the judge
Does anyone else know if that's what's happening?

CCP170.6 FILED AS TO JUDGE RODNEY A CORTEZ.

CCP170.6 IS DENIED AND WAS NOT FILED TIMELY.

DEFENSE COUNSEL STATES HE MAY FILE WRIT.

 

[truthbeknown]

From everything I have read about CCP170.6 it appears the defense is trying to disqualify the judge
Does anyone else know if that's what's happening?

CCP170.6 FILED AS TO JUDGE RODNEY A CORTEZ.

CCP170.6 IS DENIED AND WAS NOT FILED TIMELY.

DEFENSE COUNSEL STATES HE MAY FILE WRIT.

I assume that is what the defense is trying to do. I cannot think of a reason why.

 

[Dmacky]

I assume that is what the defense is trying to do. I cannot think of a reason why.

It could possibly just be that the Defense lawyer doesn't particularly care for this judge, or vice versa. Timing is everything with trying to switch judges, and it looks like it was denied because he waited too long to file it.

 

[77DarkHorse7]

This is a very risky move for an innocent defendant, but practically mandatory for a guilty one. It's usually not a good idea to antagonize the judge, unless other factors outweigh this consideration. Kaloyanides is not an idiot, and the only reason an attorney as intelligent as him would chance this is if he expects a guilty verdict, and wants to make the best possible case for an appeal.

As for the prosecutions activities, the shrewd observer will note that they've now added another charge enhancement to the mix, namely the "Violent Felony" advisal. This is added to ensure that a verdict here would persist as a strike with regards to California's Three Strike Rule (one of the toughest TS schemes in the country). New legislation has allowed for those convicted to petition the state to knock down strikes on their record if the crime wasn't too serious. However, the Violent Felony enhancement makes it virtually impossible to knock down a strike in this case; were he to be convicted that is...

 

[luckyseven]

Court documents reveal testimony, text messages in Erin Corwin murder case

For the first time, investigators revealed a possible cause of death during the preliminary hearing. Lee allegedly strangled Corwin and she suffered blunt force trauma. And because of the condition of her body when they found it, investigators could not find evidence of gunshot or stab wounds or if Corwin was, in fact, pregnant.

 

[atthelake]

Next appearance in court is Memorial Day, May 25th. I would have thought that court would be closed that day.

 

[truthbeknown]

Next appearance in court is Memorial Day, May 25th. I would have thought that court would be closed that day.

The date is wrong in that article. His next court date is May 26

 

[heartgoesout]

What will happen at the May 26th court date?

 

[sarahkate]

I spent a few years in the high desert, in the 80's, so when EC's disappearance was announced, it piqued my interest.

This is my first post, so I hope I'm inline with all the TOS.

2 things stand out so far, from my POV: JC's initial statement to the press following the discovery of EC's body & the relationship between CL & a witness, in which certain conversations/activities were considered evidentiary.

JC's statement to the press:

" "I have closure now. I know she is in heaven. She is in a better place, in no more pain,” the 21-year-old widower told the newspaper. " - JC

http://m.oakridger.com/article/20140828/News/140829832

JC knew that EC suffered, before it was clear to the public. Now that we know a few details, this statement makes more sense.

Witness relationship between defendant & witness:

Witness Conor Malakie was involved in scouting mines with CL & supposedly was going to hunt a coyote with CL on the day of EC's disappearance. He supposedly decided against going, due to having company sleeping over. I don't know if that's airtight. I don't know if he knew EC was a guest on the hunting trip, or perhaps there were supposed to be 2 different excursions that day.

http://www.z1077fm.com/woman-was-expecting-a-proposal-christopher-lee-held-to-answer/

I've only seen/heard coyotes at dusk & at night, maybe in the early morning. I wonder what the coyote story really has to do with EC's disappearance. Maybe they were going to hunt that night, after EC was dispatched. Or earlier in the morning, before the rendezvous between CL & EC.

All remarks & observations in my post are merely my point of view.

 

[truthbeknown]

What will happen at the May 26th court date?

This will be a pre-trial hearing, much like the pre-preliminary hearings. They last a very short time, maybe 15 mins. Since I have never been to a pre-trial hearing I have no idea what they discuss. After they are done they set another date for another pre-trial hearing. There could be many of these before they actually set a hearing date

 

[truthbeknown]

http://www.oakridger.com/article/20150423/NEWS/150429918

 

[jojo87]

http://www.oakridger.com/article/20150423/NEWS/150429918

What a brave lady. My thoughts will be with Erin's family throughout this trial and beyond.

 

[atthelake]

I spent a few years in the high desert, in the 80's, so when EC's disappearance was announced, it piqued my interest.

This is my first post, so I hope I'm inline with all the TOS.

2 things stand out so far, from my POV: JC's initial statement to the press following the discovery of EC's body & the relationship between CL & a witness, in which certain conversations/activities were considered evidentiary.

JC's statement to the press:

" "I have closure now. I know she is in heaven. She is in a better place, in no more pain,” the 21-year-old widower told the newspaper. " - JC

http://m.oakridger.com/article/20140828/News/140829832

JC knew that EC suffered, before it was clear to the public. Now that we know a few details, this statement makes more sense.

Witness relationship between defendant & witness:

Witness Conor Malakie was involved in scouting mines with CL & supposedly was going to hunt a coyote with CL on the day of EC's disappearance. He supposedly decided against going, due to having company sleeping over. I don't know if that's airtight. I don't know if he knew EC was a guest on the hunting trip, or perhaps there were supposed to be 2 different excursions that day.

http://www.z1077fm.com/woman-was-expecting-a-proposal-christopher-lee-held-to-answer/

I've only seen/heard coyotes at dusk & at night, maybe in the early morning. I wonder what the coyote story really has to do with EC's disappearance. Maybe they were going to hunt that night, after EC was dispatched. Or earlier in the morning, before the rendezvous between CL & EC.

All remarks & observations in my post are merely my point of view.

:welcome:

Great first post and look forward to seeing you on this journey

 

[atthelake]

I spent a few years in the high desert, in the 80's, so when EC's disappearance was announced, it piqued my interest.

This is my first post, so I hope I'm inline with all the TOS.

2 things stand out so far, from my POV: JC's initial statement to the press following the discovery of EC's body & the relationship between CL & a witness, in which certain conversations/activities were considered evidentiary.

JC's statement to the press:

" "I have closure now. I know she is in heaven. She is in a better place, in no more pain,” the 21-year-old widower told the newspaper. " - JC

http://m.oakridger.com/article/20140828/News/140829832

JC knew that EC suffered, before it was clear to the public. Now that we know a few details, this statement makes more sense.

Witness relationship between defendant & witness:

Witness Conor Malakie was involved in scouting mines with CL & supposedly was going to hunt a coyote with CL on the day of EC's disappearance. He supposedly decided against going, due to having company sleeping over. I don't know if that's airtight. I don't know if he knew EC was a guest on the hunting trip, or perhaps there were supposed to be 2 different excursions that day.

http://www.z1077fm.com/woman-was-expecting-a-proposal-christopher-lee-held-to-answer/

I've only seen/heard coyotes at dusk & at night, maybe in the early morning. I wonder what the coyote story really has to do with EC's disappearance. Maybe they were going to hunt that night, after EC was dispatched. Or earlier in the morning, before the rendezvous between CL & EC.

All remarks & observations in my post are merely my point of view.

iirc, and do not have link to share.... the coyote story was one that he told to at least one person of "how to commit the perfect murder" in that you put the body in a grave and cover it with a dead coyote so that anyone looking would perhaps hit on it, see the dead animal, and move on.

:moo: perhaps others here have better recollection, and a link for such, than I do at this time.

 

[atthelake]

http://www.oakridger.com/article/20150423/NEWS/150429918

It may not be enough for charging him with another count of murder, but it appears it will be brought in as to motive. :moo: Glad to see that it is appearing they are bringing her medical results in, and there isn't a HIPPA issue which prevents such.

Though an autopsy was reportedly unable to confirm if Erin was pregnant due to the state of her body’s decomposition, Heavilin said that on Father's Day 2014 her daughter went to the emergency room for a migraine and a urine test there indicated she was pregnant. Heavilin said that wasn’t enough evidence to charge Lee with the murder of the unborn child, however.

Someone up thread was asking what is next.... the article states

The next step for Lee — and Erin Corwin’s survivors — is a pre-trial hearing set for May 26 in California.

which is where we may see more evidence

:crying:

She has lost two daughters... tragic

Lore Heavilin shows the tattoos she had done to honor her deceased daughters. The right arm is for Erin Corwin and the left is for Trisha Heavilin.

 

[I'mjazzed]

http://www.oakridger.com/article/20150423/NEWS/150429918

How sad. My Heart goes out to this Mother! She sounds like an amazing woman!!
Praying for ALL of you truthbeknown!

 

[Dmacky]

In the open access page, from clicking "minutes" it mentions a trial date in July. I'm not at all good at reading the language of law, but I hope it means that a trial date will be set then?


PRE-TRIAL SET FOR 05/26/2015 AT 8:30 IN DEPARTMENT M2. DEFENDANT ORDERED TO APPEAR.

TIME WAIVERS

DEFENDANT WAIVES TIME TO 05/26/2015 PLUS 60 DAYS.

SET LAST DATE FOR TRIAL TO 07/27/2015.

http://openaccess.sb-court.org/Open...code=AINFO&actiondate=20150422&actiontime=8.3

 

[kimi_SFC]

Thank you for your eloquent and thoughtful post sarahkate!
I look forward to hearing your thoughts as we proceed toward justice for the Heavilin and Corwin families - in Erin's honor....

:welcome4:


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