CA - Orson & Orrin West (3&4), MEDIA, MAPS & TIMELINE - NO DISCUSSION

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JAN 30, 2023

Adoptive parents of West boys appear in court, trial set to start in March

A status hearing will be held on Thurs, Feb 16 and attorney motions must be filed by Mon, Feb 27. The official trial for Jacqueline and Trezell West is set to begin on Wed, March 1.

WHERE ARE THE BOYS: Tentative trial date set for Trezell, Jacqueline West

Among the charges against the Wests is an allegation they induced a minor to assist in committing a crime, suggesting at least one of the Wests’ other children witnessed what happened and will be called to testify. Prosecutors have not said how the boys died.

A gag order bars prosecutors and the Wests’ attorneys, investigators and court staff from speaking about the case. The Wests are charged with second-degree murder, involuntary manslaughter, child cruelty, conspiracy and falsely reporting an emergency.

Federal judge dismisses $40M lawsuit against Kern DHS by biological family of Cal City brothers

United States Court of the Eastern District Judge John A. Mendez wrote in his order that Kim Johnson, the director of the California Department of Social Services — and a defendant in the lawsuit — is shielded under sovereign immunity, which doesn’t allow a state official to be sued in their official capacity. That’s because the charges stem from potential violations of the office, and not a singular person, according to the order handed down Friday.

Even if Johnson is sued in her individual capacity, both plaintiffs failed to “substantiate any claim” against Johnson and other defendants, who are former Kern County DHS director Dena Murphy and a social worker.
 
FEB 1, 2023

Federal judge tosses $40M suit

A federal judge dismissed a $40 million lawsuit filed against the Kern County Department of Human Services and others by the California City brothers’ biological family because it lacks a factual basis to prove their allegations against defendants, according to an order filed Monday.

Mother Ryan Dean and maternal grandmother Dana Moorer claimed county DHS negligently allowed Trezell and Jacquline West to adopt Orrin, 4, and Orson West, 3, which has led to the boys dying.

[...]

Charles and Brenda Pettus, the father and paternal grandmother, respectively, of Orrin and Orson West, also filed a wrongful death and negligence lawsuit against county DHS, saying “negligent hiring” led to severe emotional distress from the toddlers’ deaths. This litigation is still pending and a hearing is scheduled for Feb. 3 in Kern County.

[...]
 
FEB 12, 2023
[...]

Thursday’s hearing will be a status conference to possibly set a trial schedule.

Prosecutor Eric Smith is currently in a trial that could last until late February and attorneys representing Trezell and Jacqueline West said they are awaiting more evidence and aren’t ready to move forward with the case.
 
FEB 16, 2023

Defense attorneys in West murder case seek missing evidence

[...]

... Last year, a judge granted prosecutors’ motion to bar the couple from speaking with their children about the case, persuading or intimidating them, according to The Californian’s previous reporting.

Resource parents are vetted by social workers to provide temporary or permanent care for children once they have been removed from their biological parents and placing kids with a family member is not an option. Often, resource families include people who allow minors to remain connected to their “community and culture,” according to the California Department of Social Services.

Getting contact information for the Wests’ kids’ resource family will allow defense attorneys to learn more about “alleged statements” upon which prosecutors hinged their arguments, said Alekxia Torres-Stallings, who represents Jacqueline West.

It’s unclear who made those statements — the children or resource family. Torres-Stallings noted a resource parent also “has made themselves a witness.”

[...]

Defense lawyers are also seeking a complete two-hour interview with a child because Torres-Stallings said she’s only received incomplete footage. It’s unclear who this child is, and if he or she is related to the Wests.

[...]
 
FEB 16, 2023

Case against Wests built on child’s statement: attorney

Attorneys representing Trezell and Jacqueline West in the deaths of their young adopted sons requested evidence Thursday that includes a two-hour interview in which one of the couple’s other children allegedly made a statement defense counsel says forms the crux of the prosecution’s case.

Alekxia Torres Stallings, one of the attorneys representing Jacqueline West, repeatedly said Orrin and Orson West were abducted as she enumerated for Judge Charles R. Brehmer the information the defense is missing. She did not elaborate on what the child allegedly said.

Attorneys will meet Feb. 23 to go over any remaining evidence that’s not in the defense’s possession, and a motions hearing will be held March 1.

[...]

Torres Stallings told the court there is a two-hour recorded interview with one of the other children who had been in the Wests’ custody and a “resource parent” — someone trained to be an adoptive or foster parent. She said she has received three shorter videos of the interview but wants the entire unmodified recording.

Torres Stallings also requested dispatch logs from the first week after the boys were reported missing, all recorded cellphone and email messages made by Child Protective Services in connection with the case for the week after their disappearance and surveillance video taken Dec. 21, 2020, that allegedly shows the boys walking down a street together. She said she hasn’t seen the video but it’s referred to in the evidence that was presented to the grand jury.

[...]
 
FEB 16, 2023

Defense still awaiting evidence from the DA's office in West case

[...]

Today's hearing was a status conference to determine if both sides would be ready to start the trial on March 1.

Lawyers for Trezell and Jacqueline West had a long list of evidence that included a two-hour interview with one of the couple’s other children, which they said was the main piece of evidence in the prosecution's case.

They will meet again on February 23 to go over any remaining evidence and a motions hearing will be held on March 1.

[...]
 
FEB 18, 2023

What contact did the Cal City brothers have with CPS? Answers remain elusive after Kern

[...]

Answers about any abuse Orrin, 4, and Orson, 3, West may have faced remain elusive after the Kern County Department of Human Services denied a records request by The Californian made nearly a month ago. It's a decision lawyers described as falling on shaky legal ground. Records pursuant to Senate Bill 39 are to be released within 10 days after a request.

[...]

If a child dies, state Senate Bill 39, which became effective in 2008, requires the release of any abuse or neglect referrals made when the child lived with a parent or guardian, risk and safety assessments of that child, health care records reflecting a pattern of abuse or neglect, and copies of police reports against whom the abuse or neglect was substantiated.

[...]

An email to The Californian from DHS senior paralegal Etta Sharp said a gag order implemented by a Kern County Superior Court judge in the Wests’ criminal case sealed records, including documents that “may be in our agency’s possession.”

[...]

But a gag order enacted by a trial court judge doesn’t trump a state law requiring disclosing records, David Loy, the legal director at the First Amendment Coalition, said Friday. He added a sweeping gag order also violates First Amendment rights.

“Judges are bound to uphold the law and not ignore it,” he added.

[...]

“I have not seen the most recent 'gag order' but it is my understanding the court expanded it to include juvenile records,” Raison wrote in an email Friday.

It’s also unclear what is limited by the gag order in the Wests' criminal case. There isn’t a physical document written by a judge outlining the gag order's scope, a supervisor at the Kern County Superior Court felony and appeals division confirmed.

The only readily available record detailing the gag order’s breadth is available from the reporting by news media covering the arraignment and another hearing in which it was imposed by Kern County Superior Court Judge Chad A. Louie.

[...]

SB 39 allows the public to know why abuse “happened for no other reason to than to correct the underlying principle,” McMillan said.
 

A motions hearing in the case of Trezell and Jacqueline West is set for next week and jury selection is expected to begin the week of March 20. Opening statements are expected to be presented at the end of March, officials said.
 
MAR 1, 2023
Attorneys met Wednesday to discuss their readiness for trial. Prosecutor Eric Smith is wrapping up an unrelated retrial and will be available by March 7. Everyone will meet again March 7 to hear motions guiding what happens at trial.

Jury selection could begin the week of March 20 and opening statements would happen after, staff at Kern County Superior Court said.

MAR 2, 2023
The District Attorney's Office said its investigation revealed the boys died approximately three months before the couple reported them missing.

Another motion hearing is slated for next week, with jury selection expected to begin on Mon, March 20.
 

Motions continue in case against adoptive parents of Orrin, Orson West

March 7, 2023

BAKERSFIELD, Calif. (KGET) — Trezell and Jacqueline West, the couple charged in the deaths of their adopted sons Orrin and Orson West, appeared in court Tuesday and their trial is expected to begin this month.

Motions in the case against Trezell and Jacqueline West continue this week and Tuesday the court heard the names of those who will testify during the trial.

[..]

Jury selection is scheduled to begin March 20. The Wests will be back in court Wednesday morning.
 
MAR 7, 2023

Trezell and Jacqueline West trial: Motions hearing

[...]

Judge Charles Brehmer said a tentative schedule is set for the trial. There will be jury selection March 20th - March 24th, opening statements March 28th, closing arguments June 1st and deliberations June 2nd.

[...]

Tomorrow morning, the judge and the attorneys will go over a Trombetta Motion. A Trombetta Motion is when an attorney files a request the judge dismiss the case, because evidence has been destroyed or lost.

That will not be open to the public, but the ruling on it will be.
 
MAR 17, 2023

Jury selection begins next week for West boys murder trial

bakersfieldnow.com
bakersfieldnow.com

Jury selection is set to begin next week starting Monday, March 20 for Trezell and Jacqueline West murder trial.

[...]

The Wests are charged with second-degree murder, involuntary manslaughter, and child cruelty, among other charges.

Opening statements are set for March 28th, closing arguments for June 1st, and deliberations for June 2nd.
 
MAR 20, 2023

Jury selection begins in murder trial of Cal City brothers' adoptive parents

[...]

Judge Charles Brehmer requested 132 jurors be sent to his courtroom Monday, according to Superior Court Public Information Officer Kristin Davis. They began filling out questionnaires asking about their availability and general questions about prior knowledge of this case, Davis wrote in an email.

Jury selection is slated to last until Friday with opening statements scheduled to begin March 28. The tentative schedule says the trial will last until May.

[...]

An indictment said the Wests murdered their adoptive children between Sept. 1, 2020 and Sept. 11, 2020. Both defendants also “induced a minor to commit or assist in the commission of the crime,” the indictment said, while also taking “advantage of a position of trust or confidence to commit the offense.”

Another allegation in the indictment said defendants “threatened witnesses, unlawfully prevented or dissuaded witnesses from testifying, suborned perjury, or in any way illegally interfered with the judicial process.”

[...]
 
MAR 20, 2023

WHERE ARE THE BOYS: Potential jurors answer questionnaires in Trezell, Jacqueline West case

[...]

The groups — the first contained 70 potential jurors, the second had 62 — filled out a hardship questionnaire as well as a questionnaire asking if they’ve heard media coverage of the case against Trezell and Jacqueline West.

Of the first group, 36 had heard about the case, as had 38 in the second group.

Judge Charles R. Brehmer ordered more than 40 potential jurors back Thursday for questioning by attorneys. Additionally, more jury panels will be called in Tuesday.

[...]

Some were excused for writing they could not be fair or impartial and believed the Wests are guilty. The judge excused one person who wrote they have anxiety, and another who said they become emotional in cases involving children.

[...]
 
MAR 21, 2023

WHERE ARE THE BOYS: Jury selection continues in West case

[...]

While many prospective jurors were excused from the 126 called to report Tuesday, several dozen will return Thursday. They’ll join dozens more who filled out questionnaires Monday and were told to come back.

On Thursday, attorneys will question potential jurors and begin selecting people to serve. The trial is expected to last more than a month.

[...]

Jury selection continues Wednesday.
 
MAR 22, 2023

Judge: Gag order in West case does not include prior CPS reports

A Kern County judge on Wednesday found a gag order issued in the case of two missing California City boys and whose adoptive parents are facing murder charges does not include certain records that may be held by Child Protective Services.

With Judge Charles R. Brehmer’s clarification, specific records regarding prior referrals to CPS about Orrin and Orson West may be disclosed.

[...]

DA blocks release of CPS reports in West case

Kern County Department of Human Services won’t release reports pertaining to California City boys Orrin and Orson West after prosecutors said their release could jeopardize criminal proceedings against the boys’ adoptive parents.

DHS senior paralegal Etta Sharp late Wednesday afternoon provided two one-page forms sent to the state Department of Social Services after law enforcement determined the boys died from abuse but said no further information would be released. The forms — one issued for each child — were completed July 12 and say the date of the boys’ deaths is unknown.

“Our agency received a communication (from the DA’s office) that indicated release of any emergency response referral information, any cross reports completed by the agency, risk and safety assessments, copies of any police reports, or any description of the services provided would jeopardize an ongoing criminal proceeding,” Sharp wrote.

[...]
 
MAR 22, 2023

Judge: Gag order does not prevent release of DHS records in Cal City brothers case

A Kern County Superior Court judge clarified a gag order Wednesday issued in the California City brothers adoptive parents’ murder trial and agreed with The Californian’s stance: A gag order doesn’t bar the release of records requested by this newspaper about the brothers’ interactions with social workers.

Despite this ruling by Judge Charles Brehmer, some records The Californian seeks are banned from public review after a juvenile court judge issued a protective order to limit disseminating documents.

[...]

The information revealed Wednesday was limited. The boys died in the home of a parent or legal guardian from abuse — not neglect, the newly disclosed records said. There was also an investigation by law enforcement and Child Welfare Services/Probation, though it wasn’t known when the boys died, the records said.

[...]
 
MAR 23, 2023

‘This is about as heavy as it gets’: Attorneys question potential jurors in West case

There will be no closure at the end of the trial of Trezell and Jacqueline West, defense attorney Timothy Hennessy told potential jurors.

He told them to forget about a storybook ending. Not all questions will be answered.

[...]

Eric Smith is the prosecutor handling the case.

Prospective jurors were asked if they can set aside their emotions while hearing testimony from child witnesses, pay attention to “hours upon hours” of surveillance footage, ignore media coverage, treat civilian witnesses on an equal footing with police witnesses and remain fair and impartial throughout the proceedings. They were asked about their employment, prior contacts with law enforcement, whether they’d served on a jury before.

[...]

A number of people were dismissed. Some said they simply couldn’t sit on a trial involving child victims. Others were excused by attorneys with no reason given.

A second group of prospective jurors was called into the courtroom late Thursday afternoon. Jury selection will continue Friday morning and is expected to finish by the end of the day. The trial is slated to begin Tuesday.
 
MAR 24, 2023

Jury selected for trial of Trezell, Jacqueline West

A jury was chosen Friday morning for the trial of Trezell and Jacqueline West, the California City couple charged with murder and other crimes after two of their adopted children went missing more than two years ago.

The panel of seven women and five men was selected at 11:11 a.m. Also chosen were six alternate jurors.

They’ll hearing opening statements from attorneys on Tuesday morning, and at the end of the months-long trial will be tasked with deciding whether the Wests killed Orrin, 4, and Orson, 3.

The trial is expected to last into June.
 

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