CA - Janet Kovacich, 27, Auburn, 8 Sept 1982

[Niner]

sorry, but I was WAY too busy here at work to take the time off to go to court this morning for that hearing of the "older" witnesses.... probably Penny Usher has a piece in the paper today or probably tomorrow - well, no paper on Saturday, so probably in Sunday's paper.

If I 'see' it before any one else - I'll go ahead and post about it!

 

[Niner]

well, I'm glad I didn't take the morning off last Friday, as I see they (Judge) will not decide on these three witnesses until this coming Friday (Aug 17th). Unfortunately, I can't take that morning off either, as that will be my last day at work and then going on vacation. I KNOW I'll be really busy that day...

 

[californiacarrie]

Did you find an article? I couldn't find one. Just wondering if they named the witness'.

 

[chicoliving]

Early testimony from three witnesses could be heard in the case against a former Placer County sheriff's deputy accused of killing his wife decades ago.

But the decision whether or not to accept the testimony won't come until 8:30 a.m. Aug. 17, a Placer Superior Court judge decided in an Auburn courtroom Friday.

~snip~

Prosecutor Dan Gong said previously that he has filed three motions for "conditional examination" to put three witnesses on the stand in order to "preserve their testimony for trial."

The advanced age of the unnamed witnesses is at issue, along with the trial not being heard until March 2008.

http://www.auburnjournal.com/articles/2007/08/12/news/top_stories/05kovacich12.txt

 

[Niner]

Did you find an article? I couldn't find one. Just wondering if they named the witness'.

no, as you probably saw in the article, they are not naming 'who' those witnesses are...

Chico??!! Do you think you'll have time to go to this on this Friday??

 

[chicoliving]

Unfortunately no. Harvest time! If a chance presents itself though I'll give it a try.

 

[californiacarrie]

The judge is supposed to hear the testimony from the three witness' TOMORROW at 8:30am, Dept. 2. I would guess that it will be closed door. And it won't happen if Kovacich's lawyers get what they want - which is to be let off the case. In my opinion, thats a stall measure.
http://www.auburnjournal.com/articles/2007/08/21/news/top_stories/01kovacich21.txt

 

[californiacarrie]

Oops, ha - I don't even know what day it is. The testimony would have been earlier this morning if it even happened!

 

[chicoliving]

~snip~

On Wednesday morning, Frances Myres, 79, was brought to the stand in a wheelchair. A close friend of Janet Kovacich, and next-door neighbor of the family, she testified about conversations she had with the victim before her disappearance.

"She was a wonderful mother, very devoted, absolutely loved those children every minute. She was going back to school and very enthusiastic about it," she said, implying Janet Kovacich would never simply walk out on her son and daughter.

She also testified, "She (Janet) told me she was having breast augmentation and that her husband didn't want her to have it and her father didn't. I understood her mother paid for it."

That surgery took place on September 2, 1982, just days before her disappearance, according to testimony from another elderly witness, Dr. Leon Burke. The 84-year-old retired plastic surgeon said his Sacramento office files had notations from Janet Kovacich that her husband was "open to my decision."

"She was quite happy to have the surgery done," said Burke.

more at link
http://www.news10.net/display_story.aspx?storyid=31921

 

[MagicRose99]

Sorry... you have to have a membership (free) with Sacbee to see the entire article:

<snip>
Two of the more prominent defense attorneys in the Sacramento region have withdrawn as the lawyers for Paul R. Kovacich Jr., a former Placer County Sheriff's sergeant who is accused of murdering his wife in 1982.

Sacramento attorney Clyde Blackmon and Auburn attorney Thomas Leupp were allowed to withdraw Thursday by Placer County Superior Court Judge Larry D. Gaddis on the grounds that Kovacich, 57, could no longer pay them.

Gaddis tentatively appointed the Placer County Public Defender's Office to be Kovacich's new counsel and ordered Kovacich to return to court Sept. 6 for a status report.

http://www.sacbee.com/101/story/353720.html

 

[californiacarrie]

What do you think the chances are of the public deffenders office having more availability for trials and the trial moving up? I suppose it's little-to-none considering the ammount of time the new folks will need to get the case all straightened out, but here's to wishful thinking!

 

[MagicRose99]

What do you think the chances are of the public deffenders office having more availability for trials and the trial moving up? I suppose it's little-to-none considering the ammount of time the new folks will need to get the case all straightened out, but here's to wishful thinking!

According to the article, the DA opposed this change in lawyers because of all the evidence the new attorney would have to review... and the DA doubts that the new lawyer could be ready by 3/3/08 for trial...

So, in answer to your question, it doesn't appear to me that having this go faster isn't in the cards...

 

[Niner]

hey everyone! back from my vacation!! glad to see updates here! Thanks all!

Okay - marking calendar for March 3, 2008 for trial to start!! :dance:

anyone know 'what' happened on 9/6?

 

[MagicRose99]

Can't find anything on 9/6... but I did find this article date 9/7/07:

<snip>
"Kovacich has pleaded not guilty. He remains free on $1.5 million bond and is scheduled to return to court at 8 a.m. Sept. 12."

http://www.auburnjournal.com/articles/2007/09/07/news/top_stories/08publicdefenderkovacich7.txt

p.s. Welcome home!

 

[californiacarrie]

I've been told that the judge has given the defense a firm "no" on any trial extention. Judge feels 6 months is plenty of time for them to catch up and be prepared. That however is not official, published information.

 

[Niner]

hey all! Found an article in my Auburn Journal...
Murder Trial could move out of Auburn
A change of venue is possible in the murder case against Paul...
Judge... set Dec 19 as the final day for filing motions.
{more snips...}
is scheduled to return to court at 8am Oct. 24th

So I wonder 'where' they might hold this court - hopefully NOT in Sacramento, as that is WAY too far for me to drive... Not happy about this change of venue... I probably won't be able to attend!

 

[californiacarrie]

That doesn't suprise me at all. In fact, I was suprised that they hadn't tried to move it out from the beginning!

 

[justice4janet]

my understanding is that paul's lawyers wanted off the case because after posting bail, etc., the funds simply weren't there (from paul or his parents) to pay private attorneys.

as to the change of venue, it's been over 1/4 of a century~~doesn't seem like it would be that big of an issue anymore. however, it would be one less appellate issue after he's convicted, so if they want a cov, let them have it.

 

[chicoliving]

Already on his third defense attorney, retired Placer County sheriff's sergeant Paul Kovacich may end up with yet another lawyer before his trial on charges he killed his wife 25 years ago.

During a brief hearing in an Auburn courtroom Wednesday, assistant public defender John Lyman made his first appearance on behalf of Kovacich. But there could be yet another change ahead. It's just four months before the trial is scheduled to start.

When asked by Judge Larry Gaddis if he'll remain the attorney of record, Lyman said, "I assume it'll stay with me, but I'm not 100 percent."

http://www.news10.net/display_story.aspx?storyid=34297

 

[Niner]

I see from the article that Chico posted that the next hearing is scheduled for February 29, 2008. I'll put down that date here, just in case I forget... I'll put that on my work calendar, and 'see' if I can attend this or not, when the time comes. Thanks! for the update Chico!