GUILTY CA - Faith Tsarnas & Kiya Kitchen, Both 14, Die In Hit & Run, Fortuna, 12 July 2016

[Lilibet]

Has there been any resolution in the dispute over Kiya's ashes? Maybe it was privately resolved, hoping anyway.

I haven't read anything about a resolution. I certainly hope it was resolved quietly and peacefully.

 

[burblestein]

Defendants in fatal DUI cases have been tried for second degree murder in this state. "A malignant heart"? What else can one call it when she ran down her own child and left her to die? I believe that's an example of implied malice. Although I confess to a lack of legal background, that's this layman's reaction.

 

[Lilibet]

Defendants in fatal DUI cases have been tried for second degree murder in this state. "A malignant heart"? What else can one call it when she ran down her own child and left her to die? I believe that's an example of implied malice. Although I confess to a lack of legal background, that's this layman's reaction.

I agree and It wouldn't surprise me if the D.A.'s office wishes they could charge her with more. I certainly do. But I also want her convicted and sentenced. If they charge her with something they can't definitely prove in court with evidence, she could walk. So the D.A. has to be pragmatic, rather than emotional like us, in order to get a conviction. It's frustrating for the public, but MK is innocent until proven guilty, and entitled to a fair trial, as any of us would be. That's how the system works for both the guilty and the innocent, and although imperfect, it's a good system. Knowing that keeps me grounded when I'm furious and loaded for bear!

 

[burblestein]

I appreciate the necessity for surety of prosecution. If this woman is not convicted of something, it will be the greatest miscarriage of justice since OJ walked. However, a failure to prove a charge of Murder Two on an amended indictment would not necessarily free MK. She could be found not guilty on Murder Two, but still be convicted of manslaughter. When I served on a homicide jury, we declined to convict on Murder Two, but convicted on Voluntary Manslaughter. The felon received 13 years. Not 4 to 10 years. 13.

On the other hand, an outraged jury or a hard-nosed judge could send her away on Murder Two if the indictment were amended.

I might add that I risked my life for democratic rule by law when I was a younger man, and I still bear the scars. But I have no regrets about it.

 

[Lilibet]

I appreciate the necessity for surety of prosecution. If this woman is not convicted of something, it will be the greatest miscarriage of justice since OJ walked. However, a failure to prove a charge of Murder Two on an amended indictment would not necessarily free MK. She could be found not guilty on Murder Two, but still be convicted of manslaughter. When I served on a homicide jury, we declined to convict on Murder Two, but convicted on Voluntary Manslaughter. The felon received 13 years. Not 4 to 10 years. 13.

On the other hand, an outraged jury or a hard-nosed judge could send her away on Murder Two if the indictment were amended.

I might add that I risked my life for democratic rule by law when I was a younger man, and I still bear the scars. But I have no regrets about it.

You make a good point about trying MK for both Murder Two and manslaughter. I hadn't thought of that. I was thinking either/or. Thanks for pointing that out.

 

[Knox]

[h=3]Josh Pearlston a no show in family court, parties were close to resolution; now Kitchen criminal file requested for October 5 hearing[/h]http://johnchiv.blogspot.com/2016/09/josh-pearlston-no-show-in-family-court.html

 

[Lilibet]

There will be an intervention hearing for Marci Kitchen tomorrow, Sept. 27. Her attorney has filed for a continuance for the preliminary hearing.

http://johnchiv.blogspot.com/2016/09/marci-kitchens-attorney-files-motion.html

 

[Lilibet]

Preliminary Hearing continued until Dec. 5.

The People did not oppose the request. There are 200 pages of discovery and more to come, plus investigation of people outside the county, according to defense attorney Okin.

Settle in for a long road to trial, folks.

http://johnchiv.blogspot.com/2016/09/people-do-not-oppose-kitchen-motion-to.html

 

[Lilibet]

Kiya's Dad gets her ashes.

http://johnchiv.blogspot.com/2016/10/kiya-kitchens-ashes-finaaly-returned-to.html

 

[Lilibet]

Marci Kitchen's intervention hearing was today. Her preliminary hearing is still scheduled for December 5. Mark your calendars. The slow crawl toward a trial begins.

http://johnchiv.blogspot.com/2016/11/marci-kitchens-preliminary-hearing.html

 

[Lilibet]

The slow slog toward a trial may get slower. There is a hearing scheduled for tomorrow 11/30 at 10:15 a.m. to consider a motion by Marci Kitchen's attorneys for a continuance of the preliminary hearing on December 5.

I predict the trial will start sometime between July and December 2018. I hope I'm wrong.

http://johnchiv.blogspot.com/2016/11/marci-kitchens-attorneys-file-for.html

 

[Steleheart]

The slow slog toward a trial may get slower. There is a hearing scheduled for tomorrow 11/30 at 10:15 a.m. to consider a motion by Marci Kitchen's attorneys for a continuance of the preliminary hearing on December 5.

I predict the trial will start sometime between July and December 2018. I hope I'm wrong.

http://johnchiv.blogspot.com/2016/11/marci-kitchens-attorneys-file-for.html

That soon you think?

:waiting:

 

[Lilibet]

That soon you think?

:waiting:

Don't say that! :gaah:

I hope so. The only other Humboldt trial I've followed is the priest murder trial of Gary Lee Bullock. That took a little over two years of delays and hearings before it started. But he only had a public defender. Her legal eagles may be able to drag this out longer. So let's expand this to July 2019. But I hope for sooner. It was a real slog with Bullock. John Chiv was usually the only one reporting on it until the trial started, so we will see a lot of him on this thread.

http://www.websleuths.com/forums/sh...h-rectory-Eureka-1-Jan-2014&highlight=Bullock

 

[Lilibet]

Intervention hearing and preliminary hearing postponed until March (tentatively). Defense attorneys have a lot of discovery to process.

Intervention is March 16 at 9:45 and the preliminary is March 20 at 9:45. If that needs to change, defense will notify the court since one trial court is being set aside for the entire week of March 20 for this case.

People intend to present 11 witnesses and an estimate of five days was given by both parties.

I'll believe it when I see it.

http://johnchiv.blogspot.com/2016/11/marci-kitchen-preliminary-tentatively.html

 

[Lilibet]

More from LOCO about the hearing delay. Also, a brief summary of the case. As always, the commenters display almost no understanding of how the justice system works. :facepalm:

Deputy District Attorney Roger Rees objected to the delay, saying the prosecution “would like to proceed with the preliminary hearing.” But defense attorney Ben Okin told the judge his office is evaluating a large amount of information, much of it “very technical.”

“We’re still a long way off from preliminary hearing from the defense perspective, ” Okin said.

https://lostcoastoutpost.com/2016/nov/30/marcia-marci-kitchen-hearing-postponed-until-march/

 

[Lilibet]

Please keep our WS verified attorney Gitana in your thoughts and prayers. Her sister-in-law is missing and presumed dead in the Oakland warehouse fire.

http://www.websleuths.com/forums/sh...irmed-dead-2-Dec-2016&p=12976824#post12976824

 

[cvaldez1975]

oh no my friend is an arson investigator w the ATF and she was called out for that. she says the scene is horrific.

Please keep our WS verified attorney Gitana in your thoughts and prayers. Her sister-in-law is missing and presumed dead in the Oakland warehouse fire.

http://www.websleuths.com/forums/sh...irmed-dead-2-Dec-2016&p=12976824#post12976824

 

[Lilibet]

Remembering the 21 victims of homicide in Humboldt county this year (and it's not over). Kym Kemp puts a face and a brief story to each name. Sadly this is a record year...approximately one homicide every 16 days. As Kym points out, homicide is death at the hand of a human, even if considered justified. Kira is not on the coroner's list. Here is why Kym includes her....

"Faith Tsarnas died on the scene. Kiya Kitchen died later the next morning out of the county. Though the Coroner’s Office doesn’t count Kiya Kitchen’s death as one of the homicides of 2016 because it occurred out of county, we’re currently leaving it in the list."

As some commenters noted, this list does not include those who have gone missing and are presumed dead this year.

http://kymkemp.com/2016/12/12/recor...victims-and-a-brief-summary-of-what-is-known/

 

[Damarna]

Remembering the 21 victims of homicide in Humboldt county this year (and it's not over). Kym Kemp puts a face and a brief story to each name. Sadly this is a record year...approximately one homicide every 16 days. As Kym points out, homicide is death at the hand of a human, even if considered justified. Kira is not on the coroner's list. Here is why Kym includes her....

"Faith Tsarnas died on the scene. Kiya Kitchen died later the next morning out of the county. Though the Coroner’s Office doesn’t count Kiya Kitchen’s death as one of the homicides of 2016 because it occurred out of county, we’re currently leaving it in the list."

As some commenters noted, this list does not include those who have gone missing and are presumed dead this year.

http://kymkemp.com/2016/12/12/recor...victims-and-a-brief-summary-of-what-is-known/

Thank you for EVERYTHING Lilibet!

Sent from my Pixel XL using Tapatalk

 

[Lilibet]

Thank you for EVERYTHING Lilibet!

Sent from my Pixel XL using Tapatalk

:loveyou:

While we are waiting...FYI for anyone not a regular reader of John Chiv...he sometimes posts things he hears from his "sources" that are rumors we can't post or talk about here, but they make for interesting reading while we await "real news." Just saying.