Still Missing CA - Classic (Orson West, 3) & Cincere (Orrin West, 4) Calif. City, *parents charged* 21 Dec 2020 #7

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  • #421

Hearing postponed for Cal City brothers' adoptive parents until next week​

A hearing to determine if attorneys are ready for the murder trial of the adoptive parents of two California City brothers’ who prosecutors say were killed was postponed Friday until next week.

Attorneys simply said in court they would return Wednesday afternoon for a readiness hearing. A trial date is still scheduled for Jan. 30.

 
  • #422
Could they be hammering out a plea deal?
 
  • #423
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  • #424
Per Kget, the defense requested the new hearing date.

A hearing has been pushed to next week to determine whether attorneys are ready for trial in the case of the couple accused of killing adopted children Orrin and Orson West.

Trezell West, 36, and Jacqueline West, 33, are due back in court Wednesday. Their attorneys on Friday morning requested the new hearing date.

A member of the West boy's biological family told us about the emotions surrounding this case.


"There's a little anger. We're angry because there could've been a different outcome if things would've went right from the beginning," said Rosanna Wills, the biological aunt of the West boys. "This would've never happened. I mean, there's a little anger. We all going through something on top of this. We just want it to hurry up and get justice."
 
  • #425
I kept watching the news for updates but didn't see anything. Does anyone know whether the hearing took place?
 
  • #426
  • #427
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  • #428
Calling it now ... the trial is going to be delayed.
 
  • #429
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  • #430
JAN 25, 2023
[...]

"What I was going to do was go ahead and put you in Department 4, Judge Brehmer, for all purposes on January 30th with a readiness date on that date," Judge Eric Bradshaw, said.

The Judge Bradshaw Wednesday said there is a delay.

"My plan is to assign this case to a trial court for all purposes.," Judge Bradshaw, said. "That courtroom is currently occupied in another trial."

[...]

The readiness hearing and the jury trial are both scheduled on the county court's website for Monday morning. A public affairs officer with the court tell me the status and scheduling for the trial will be talked about at that time.

[...]

A readiness hearing was scheduled for Monday, which is when the trial was supposed to begin. Judge Eric Bradshaw told the four attorneys — two each representing Trezell and Jacqueline West — and he said they "may or may not be ready" for trial at that time.

It's possible postponements could result Monday because Chief Trial Deputy Eric Smith prosecuting the West case is involved in another jury trial. Jury selection was underway Wednesday for another trial in the courtroom where Bradshaw assigned the West case.
 
  • #431

"We'll be back on March 1st at 9 a.m. for trial," a judge said Monday. "So, we are all anticipating that on March 1st, all of that day and maybe other days at the beginning would be spent on motions."
 
  • #432
JAN 30, 2023
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.

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.

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.
 
  • #433
Thoughts on the dismissal and refiling of the bio mom & grandmother's lawsuit? I didn't realize there are also two other separate lawsuits stemming from the boy's other bio family members.
 
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  • #434
Thoughts on the dismissal and refiling of the bio mom & grandmother's lawsuit? I didn't realize there are also two other separate lawsuits stemming from the boy's other bio family members.
it sounded like a technicality. like something wasnt completed correctly.
 
  • #435
FEB 1, 2023
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.

[...]
 
  • #436
Despite asking for about a year, defense attorneys representing the California City brothers’ adoptive parents said Thursday they haven’t received evidence instrumental to defending their clients who are charged with murder — including getting contact information for any “resource parent” of the children whose testimony serves as the “crux” of prosecutors’ argument, a defense attorney said.

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.”
 
  • #437
FEB 16, 2023
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.

[...]
 
  • #438
FEB 16, 2023
[...]

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.

[...]
 
  • #439
Next court date: February 23.
 
  • #440
Smith said he’s provided some of the information Torres-Stallings referenced in court Thursday. There’s also a gag order on this case that prohibits attorneys from speaking on these topics outside court.

There was a “discovery dump” of information and it’s been “very difficult” to figure out what they have and what they don’t, Torres-Stallings said, while adding a six terabyte hard drive was given to the defense to parse.


Sounds like Torres-Stallings has information, but it's just too hard to find in that big ole discovery dump ...
I smell a delay coming on.
 
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