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

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There was a hearing today about medical records subpoenaed, presumably those of Kiya and Faith. They were requested by the D.A. and defense attorney Okin did not plan to file an objection.

http://johnchiv.blogspot.com/2017/07/hearing-this-morning-on-motion-for.html

More details from the Times Standard.

“The records are from two hospitals that provided medical treatment to one of the two girls struck by a Jeep in the traffic collision,” Eads wrote to the Times-Standard in an e-mail.
Eads said the two hospital records came from Redwood Memorial Hospital and the Oakland Children’s Hospital.
http://www.times-standard.com/general-news/20170713/kitchen-case-girls-medical-records-added-to-case
 
Another trial for the hit and run death of a teen will start around the same time as MK's in November. This guy has been charged with murder, not manslaughter, as well as DUIs. If you follow the links posted at the bottom of the story they will eventually take you back to the original. I'd be interested in knowing why he was charged with murder and MK wasn't. Perhaps something in his prior record triggered that charge. In any case, it will be interesting to watch how these two trials play out.

http://johnchiv.blogspot.com/2017/07/james-merrick-jury-trial-in-which-he-is.html#more
 
Lilibet said:
Another trial for the hit and run death of a teen will start around the same time as MK's in November. This guy has been charged with murder, not manslaughter, as well as DUIs. If you follow the links posted at the bottom of the story they will eventually take you back to the original. I'd be interested in knowing why he was charged with murder and MK wasn't. Perhaps something in his prior record triggered that charge. In any case, it will be interesting to watch how these two trials play out.

http://johnchiv.blogspot.com/2017/07/james-merrick-jury-trial-in-which-he-is.html#more
Click to expand...

I haven't researched it lately but I believe the difference is intent. With a murder charge the death was the intended result whether premeditated or not. With manslaughter the death is the unintended result a reasonable person should have or could have known under the circumstances?
 
Steleheart said:
I haven't researched it lately but I believe the difference is intent. With a murder charge the death was the intended result whether premeditated or not. With manslaughter the death is the unintended result a reasonable person should have or could have known under the circumstances?
Click to expand...

That's what confuses me, and I haven't researched it either...but I agree about intent. Other than drinking and driving, it doesn't seem that the case I cited was intentional. But perhaps there is evidence that it was. We shall see during the almost simultaneous trials.
 
Lilibet said:
That's what confuses me, and I haven't researched it either...but I agree about intent. Other than drinking and driving, it doesn't seem that the case I cited was intentional. But perhaps there is evidence that it was. We shall see during the almost simultaneous trials.
Click to expand...

All counts classed as felony so may have to do with how many previous DUI charges. The previous guilty plea was a case for probation revocation so he was already on probation for something it looks like. So aggravating circumstances would play a part.

IN MK's case I have wondered from the start if it was more than just reckless - intentional or at least from rage as in "! told her not to skateboard in the street". swerve, bang "oh s*** ". Her behavior from the start was a CYA campaign. Any mother would be distraught and beyond consolation IMO. I also think she spent some time in a rehab hospital before emerging to answer.

She makes my blood boil.

JMO
 
Steleheart said:
All counts classed as felony so may have to do with how many previous DUI charges. The previous guilty plea was a case for probation revocation so he was already on probation for something it looks like. So aggravating circumstances would play a part.

IN MK's case I have wondered from the start if it was more than just reckless - intentional or at least from rage as in "! told her not to skateboard in the street". swerve, bang "oh s*** ". Her behavior from the start was a CYA campaign. Any mother would be distraught and beyond consolation IMO. I also think she spent some time in a rehab hospital before emerging to answer.

She makes my blood boil.

JMO
Click to expand...

According to this article, he was a registered sex offender from another state, so that may play into this case. For all we know, he knew the girl he ran down, which would help explain the murder charge IMO.

Scroll down. http://johnchiv.blogspot.com/2016/12/james-merrick-charged-with-murder-hit.html?m=1

I had the same thought that she was angry about being disobeyed (disrespected), intended to scare the girls and lost control. It's a straight stretch of open (not tree-lined) road, and it was still light. She had to have seen and recognized them. So instead of stopping, becoming hysterical and calling 911, her first thought is to go home and hide her vehicle?!! She makes my blood boil too. :mad: I agree that she was probably hidden away in rehab by her attorneys. I fully expect those attorneys to delay the trial as long as possible. I'm not really counting on it happening on schedule.
 
I don't know what the latest filing about "unavailability of counsel" will mean for the trial date. There will be a hearing about it, but no date has been set.

http://johnchiv.blogspot.com/2017/08/marci-kitchens-defense-notice-giving.html

Chiv goes into more editorial detail about the filing here...the bottom line is that the judge said "no more delays" and they have the nerve to file something that could delay the trial.

http://johnchiv.blogspot.com/2017/08/three-local-high-profile-fortuna-cases.html
 
More potential delays by the defense who has subpoenaed records from Oakland Children’s Hospital. Surely they knew a long time ago that they should have these records! Trial is scheduled to start Nov. 13. Expect a request to delay in order to examine these records, even though the judge has told them “no more delays.”

http://johnchiv.blogspot.com/2017/10/marci-kitchens-attorneys-subpoena.html

ETA: Things like this wouldn’t happen if the judge would revoke Marci’s bail when her lawyers defy him.
 
I love Chiv’s report on this delay! Keep in mind that these attorneys have had since May to get their ducks lined up in formation, and the judge previously told them “No more delays.”

So, recalling MK getting permission earlier to travel to Oregon for a birthday party for bf’s grandmother, Chiv asks....

Does Marci need to attend her boyfriend's grandmother's best friend cat's birthday party this time?

I can’t help laughing, but it’s maddening.

http://johnchiv.blogspot.com/2017/10/readers-even-you-predicted-it-and-at.html
 
Marci Kitchen Trial Delayed Yet Again, After Defense Attorney Raises Questions About CHP Investigation
Rhonda Parker / Today @ 10:42 a.m. / Courts

The trial of double-manslaughter suspect Marcia “Marci” Kitchen has been delayed over the issue of how fast Kitchen was driving when her Jeep struck and killed her daughter and another teen July 12 on Eel River Drive. . . .

Watson granted the continuance, setting Nov. 8 Nov. 14 to discuss a new date for trial. The estimated month-long trial had been set to begin Nov. 13.

Kitchen, 40, was not required to attend the hearing today and was not in court.

(. . .)
Click to expand...
 
No surprise...Trial postponed until May 29, 2018 due to crowded court calendar.

https://lostcoastoutpost.com/2017/nov/14/marci-kitchen-trial-put-until-may-2018/
As always, the comments are blunt and entertaining. Enter at your own risk. ;)

http://kiem-tv.com/2017/11/14/kitchen-jury-trial-delayed-2018/

http://johnchiv.blogspot.com/2017/11/once-again-people-and-victims-objected.html

In the meantime, I wonder where MK will be allowed to travel to get away from the drenching Humboldt rain. Back in the day, Tahiti was a favorite winter getaway spot for growers. I’m not sure if she can leave the country, but Arizona would be dry or Hawaii would be lovely. Oh please dear Judge...make her stay home and mildew!

I predict that May 29 will arrive and MK’s lawyers will file another request for a delay or even for a change of venue. Mark my words. :mad:
 
Trial moved to 2018. Judge Terrence Boren set a date of May 29. Kitchen remains free on a $750,000 bond.

Marci Kitchen’s jury trial has been delayed until next year over the objections of the prosecutor.
...
Kitchen’s jury trial had been set to begin Monday but a judge vacated that date and granted the defense a two week continuance in late October.

Kitchen was not present to set a new trial date Tuesday morning at the Humboldt County Courthouse. Her attorneys Benjamin Okin and Patrik Griego stated that after discussing the matter with the court operations official who schedules court business, next May would be the earliest time for a jury trial.

Deputy District Attorney Stacey Eads said the people are ready to proceed sooner and that family members and victims have a right to a speedy resolution. Eads called it troubling that May is the earliest possible date. She asked that no additional continuances be granted and the defense have its case and experts ready to begin at that time.
Click to expand...

http://kiem-tv.com/2017/11/14/kitchen-jury-trial-delayed-2018/

Kitchen is so freakin' special. :mad:
 
Wow! MK’s defense attorneys quit because they haven’t been paid!!!

[FONT=&amp]“Both Mr. Griego and Mr. Okin have worked without compensation well beyond their legal contract,” the statement says. “It was anticipated that funds would be available to retain counsel for trial, but due to a change in circumstances Ms. Kitchen cannot afford to retain counsel for purposes of trial.[/FONT]BBM

The attorneys say this should not delay the trial, but....it will IMO.

So, are MK’s changed circumstances due to a break-up with her BF (another attorney’s son) or a reduced income due to the legalization of marijuana in CA. Getting a license to grow is proving to be difficult even for some long-time growers. Ahem.

Or...is this a clever delay tactic on the part of her attorneys?

Inquiring minds want to know.

https://lostcoastoutpost.com/2018/feb/28/lawyers-quit-marci-kitchen-say-she-out-money/
 
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