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

[Oblio]

New attorney appointed.
http://www.times-standard.com/gener...arcia-kitchen-after-private-attorneys-bow-out

 

[Lilibet]

New attorney appointed.
http://www.times-standard.com/gener...arcia-kitchen-after-private-attorneys-bow-out

New defense attorney Meagan O’Connell was one of four defense attorneys to resign over the apparent incompetence of recently hired Public Defender David Marcus, who resigned in November. Apparently she has returned. Supervising Attorney of Conflict Counsel Kaleb Cockrum was appointed interim public defender in December and made hiring defense attorneys a priority.

Meanwhile, Marcus’ office has been rocked by a string of departures, with four attorneys — Owen Tipps, Jennifer Dixon, Meagen O’Connell and Heidi Holmquist — having resigned in the last eight weeks. In fact, of the eight deputy public defenders listed on the office’s online staff directory, only four remain, with one of them out on medical leave and another on paternity leave.

https://www.northcoastjournal.com/N...vid-marcus-resignation-ends-tumultuous-tenure

http://kiem-tv.com/2017/12/05/humboldt-county-supervisors-appoint-interim-public-defender/

 

[Lilibet]

Court blogger John Chiv weighs in.

No delay expected because of new attorney.

https://johnchiv.blogspot.com/2018/03/i-dont-expect-there-to-be-any-delay.html

Excuse the language by Kiya’s father Joe shown in this post. But I think it’s interesting that “Marci’s side” of the courtroom is packed, with hardly anyone attending with Joe. Most comments I read on LoCo and other sites are 100% against Marci. Where are these keyboard warriors?

https://johnchiv.blogspot.com/2018/03/marci-kitchen-supporters-stack.html

 

[Lilibet]

Kym Kemp published Joe Kitchen’s plea for support in the courtroom yesterday. All comments are against MK but her “supporters” (who are they?) packed the courtroom and his side was pretty empty as Chiv noted above.

http://kymkemp.com/2018/03/05/enoug...lls-for-community-to-pack-courtroom-tomorrow/

 

[fred&edna]

Kym Kemp published Joe Kitchen’s plea for support in the courtroom yesterday. All comments are against MK but her “supporters” (who are they?) packed the courtroom and his side was pretty empty as Chiv noted above.

http://kymkemp.com/2018/03/05/enoug...lls-for-community-to-pack-courtroom-tomorrow/

I wonder if Joe's supporters are mostly "working class" and can't take a day off, while MK's are well... not working... and have the available time/money to show-up in the courtroom. 'Just a thought.

I don't think judges are suppose to (according to the law) let such things (as courtroom support) influence them, and I sure hope the judge in this case is honorable.

 

[Lilibet]

I wonder if Joe's supporters are mostly "working class" and can't take a day off, while MK's are well... not working... and have the available time/money to show-up in the courtroom. 'Just a thought.

I don't think judges are suppose to (according to the law) let such things (as courtroom support) influence them, and I sure hope the judge in this case is honorable.

Ha! I think you’re onto something regarding “not working.” You’re right that judges aren’t supposed to be influenced by courtroom support, etc so I expect the “support” is moot. But I wish there was support for Joe and Kiya and her courageous brother, just to make Joe feel good.

 

[Lilibet]

Yay for the judge! The visiting judge denied MK’s request to go to Oregon to visit her bf’s ailing sister. She has some nerve even asking!

[FONT=&amp]“In my opinion the relationship between Ms. Kitchen and the person who is obviously ill is not close enough,” the judge said. He said he also was concerned about her leaving the area.[/FONT]

https://lostcoastoutpost.com/2018/mar/12/judge-rules-marci-kitchen-may-not-travel-oregon/

John Chiv was in court and praised the visiting judge’s decision. Family of Faith Tsarnos were there as was Joe Kitchen’s Attorney.

https://johnchiv.blogspot.com/2018/03/marci-kitchens-motion-to-travel-to.html#more

 

[Lilibet]

Faith’s aunt pleads for supporters to attend the hearing today and also on April 11 to set the trial date.

https://johnchiv.blogspot.com/2018/03/please-lets-not-only-have-her-ms.html#more

Apparently, not many showed up. John Chiv editorializes about the last minute notice given for hearings. There have been several times that the victims’ families have heard about hearings from reading John’s blog.

https://johnchiv.blogspot.com/2018/03/had-this-hearing-not-been-so-last.html

 

[burblestein]

I find myself wondering, who would go to court to support someone trying to dodge responsibility for running down their own child? To say nothing of mowing down poor Faith, who seems to be the forgotten person in this case.

 

[Lilibet]

I find myself wondering, who would go to court to support someone trying to dodge responsibility for running down their own child? To say nothing of mowing down poor Faith, who seems to be the forgotten person in this case.

Beats me, but I assume she has old friends who value whatever she brought to the friendship more than they abhor her lack of conscience. I would expect her friends to back away quickly and not appear to condone her drunkenly mowing down Kiya and Faith and covering up what she did. She must be spinning quite a story of victimhood for her friends and they’re buying it.

 

[Lilibet]

[FONT=&quot]Wonder of wonders. The trial is on track to begin May 29, with trial confirmation hearing set for May 7. Let’s hope there are no last minute legal maneuvers like a request for change of venue.

“At this time we’re prepared to confirm,” Deputy Conflict Counsel Meagan O’Connell told visiting Judge Bruce Watson. O’Connell took over the Kitchen case in early March after her two private attorneys withdrew, saying Kitchen could no longer afford to pay them.[/FONT]

https://lostcoastoutpost.com/2018/apr/11/kitchen-trial-should-go-forward-planned-starting-m/

 

[Lilibet]

All families and friends for both sides were present at the hearing today. Faith’s parents traveled from So Cal.

https://johnchiv.blogspot.com/2018/04/marci-kitchen-jury-trial-confirmed-for.html

 

[JerseyGirl]

The trial for Marcia Kitchen could be delayed after a motion for a continuance was filed. A judge will decide today whether to grant the delay.

http://www.times-standard.com/gener...eeks-to-delay-trial-motion-to-be-heard-monday

 

[Lilibet]

Hmmmm...the Times Standard article said that the new attorney for Kitchen hasn’t had enough time to read discovery materials, but this article in LoCO says that she has a new line of thought on one issue that she wants to have investigated...which will take about 6 weeks. Which is it? If the delay is for the purpose of a proper defense, I don’t mind, even though her crime is indefensible, but if it’s just another delaying tactic, it stinks. I wonder if Kitchen would want her attorney to ask for this delay if she were sitting in jail.

[FONT=&amp]“There were certain things that were not investigated that I would like to have investigated,” O’Connell told Judge Kaleb Cockrum. O’Connell said hiring a new expert and looking into this aspect would take about six weeks.
[/FONT]
[FONT=&amp]Cockrum offered three possible trial dates that would fit his schedule: July 9, July 16 and Aug. 20. He scheduled a hearing for May 9 to set the date.[/FONT]

https://lostcoastoutpost.com/2018/apr/30/kitchen-trial-delayed-again-accused-killers-new-at/

 

[Lilibet]

More details from John Chiv explain the discrepancy I noted above.

[FONT=&amp]Ms. O'Connell told Judge Cockrum that she recently requested some records from the D.A's office. "I only recently requested this discovery so it isn't the D A.'s fault."[/FONT]

[FONT=&amp]<snip for copywrite purposes>[/FONT]

[FONT=&amp]Ms. Eads said the defense motion was vague."What is highly concerning is that on March 6 when private attorneys filed for withdrawl, there was representation that all discovery had been provided."[/FONT]

<snip>

[FONT=&amp]Ms. Eads said that ghe discovery sought by defense was from two local law enforcement agencies. She said the records most likely do not exist and a response to the defense request would be quick. "The reports requested will not change the outcome of Ms. Kitchen's case."[/FONT]

https://johnchiv.blogspot.com/2018/04/judge-kaleb-cockrum-assigned-to-kitchen.html

 

[Lilibet]

Letter to judge from Tsarnas family concerning the requested delay. They gave Chiv permission to publish it after it was read in court.

Tap/click on letter to enlarge.

https://johnchiv.blogspot.com/2018/04/survival-is-all-we-are-capable-of-at.html

 

[Lilibet]

John Chiv has researched the possible penalties for Counts 1 and 2. He has not included counts 3 and 4 or the special allegations on count 1.

[FONT=&amp]Count 1 is vehicular manslaughter without gross negligence while being intoxicated PC 191.5 (b) Jane Doe 1.[/FONT]

[FONT=&amp]Count 1 has two special allegations: fleeing the crime scene and multiple victims.[/FONT]

[FONT=&amp]Count 2 is the same PC 191.5(b) Jane Doe 2[/FONT]
[FONT=&amp]Count 3 is DUI; Alcohol while causing injury with two special allegations: great bodily injury resulting in brain injury and paralysis and multiple victims.[/FONT]

[FONT=&amp]Count 4 is Hit and Run with Injury/Death.

[/FONT]https://johnchiv.blogspot.com/2018/04/people-can-speculate-all-they-want.html[FONT=&amp]
[/FONT]
This link in Chiv&#8217;s article from a defense attorney (of course) explains counts 1 and 2 (PC 191.5 b), what is needed to prove someone guilty, and the potential consequences. From the link:

&#8220;For you to be convicted of PC 191.5(b), the prosecutor has to prove each step of their case. These steps include:

1. You were guilty of driving under the influence of drugs or alcohol, under any of California&#8217;s DUI laws;
2. While you were driving under the influence you broke some other law that could lead to death (such as excessive speeding), or you acted lawfully in a way that might cause death (such as making a legal turn without looking);
3. You did so with &#8220;negligence&#8221; or carelessness; and
4. That your negligent act directly caused someone&#8217;s death.

That may sound complex, but this complexity is in your favor. If the prosecutor fails to prove even a single one of these four steps, you can&#8217;t be convicted. This is where a good DUI lawyer can help you. They will launch an investigation into your accident and work to show that either you weren&#8217;t negligent, you didn&#8217;t break any law or do anything unsafe, or that it wasn&#8217;t your negligence that caused the death. For example, in many cases the other party&#8212;the victim&#8212;also broke some traffic law that contributed to the accident. In these cases, it wasn&#8217;t necessarily your actions that caused their death.&#8221;

https://www.losangelesduiattorney.com/california-penal-code-191-5b/

I think the defense attorney is going to come down hard on the fact that there was no breathalyzer test done to determine if Kitchen was drunk AND that the girls were breaking a traffic law by skateboarding in the road. Of course, the prosecution will claim that she concealed her part in the &#8220;accident&#8221; so that the officer had no reason to test her. But this one point could cause acquittal. Put it together with the girls being in the road, and the prosecution has a high hurdle to clear. Here&#8217;s hoping they can do it.

Marci Kitchen KNOWS she was drunk and even if the prosecution proves it, she still would be able to blame her own daughter and friend for the accident and possibly be acquitted. What mother could use that defense?!! Can she really get on the stand and testify that it&#8217;s the girls&#8217; fault she hit them? I can hear her now: &#8220;I TOLD them NOT to skateboard on that road! They disobeyed me.&#8221; (So it&#8217;s all their fault, right Marci?) Just make a deal and save us from having to hear this!

 

[cvaldez1975]

this is so infuriating. all these stalling tactics and that she may get off. shes a disgusting person.

 

[MzOpinion8d]

this is so infuriating. all these stalling tactics and that she may get off. shes a disgusting person.

I don’t think she’ll get away with this.

 

[Lilibet]

I don&#8217;t think she&#8217;ll get away with this.

I certainly hope not! I want to look up the other charges and see what needs to be proved for conviction.

In fact, I&#8217;m hoping that the REAL reason her high-powered paid attorneys withdrew from the case is that they know there&#8217;s enough evidence to convict her and suggested to her that she make a deal, but she refused and they said &#8220;Buh-bye Marci.&#8221; Why work that hard for a lost cause? Why have your reputation damaged? Her bf&#8217;s family has PLENTY of $$$$ and connections (his dad is an attorney) so I don&#8217;t think money was the problem. I think/hope it was just the excuse to disengage. If the court had decided to keep them on paid by the state, they could pull a &#8220;Nurmi&#8221; after the Jodi Arias case and trash her to try to redeem themselves. But the reputation damage would be done, locally at least. So they are probably breathing sighs of relief.

Side note: Does anyone else wonder why this case has not received national attention? Ever?