BAKERSFIELD, Calif. (KGET) — A motion filed on behalf of one of the defendants in the “Muscle Car Murder” case seeks the recusal of the Kern County District Attorney’s Office after prosecutors received a download of the defendant’s cellphone containing text messages between him and his attorney.
The motion, filed Oct. 31 by attorney Mark Anthony Raimondo on behalf of client Joseph Bush IV, says the messages “contained privileged communications of client and attorney.”
“There are communications between defense counsel and Mr. Bush containing discussions about his case, defenses, planning, strategy, experts” and more, according to the motion.
Raimondo wants the DA’s Office recused from the case; another option he proposed would be the appointment of a special master — an outside legal expert — to review the cellphone’s contents and provide the court and attorneys with steps to ensure a fair trial.
A hearing on the motion is scheduled next week.
Bush, David Tyrone Thompson and Giovanni Garcia-Viscarra are charged in connection with the death of Victoria Anna Marie Hampton, 61. She was found wounded March 19, 2023, on Ginger Drive, north of White Lane and west of New Stine Road, and died April 1, 2023.
Police say Hampton’s car was stolen and she tracked it using an Apple AirTag, and was shot while confronting the defendants. Thompson, the accused shooter, is charged with murder, carjacking and vehicle theft. Garcia-Viscarra and Bush are charged with carjacking, vehicle theft and conspiracy.
Last month, according to Raimondo’s motion, prosecutor Christine Antonios received a download of Bush’s cellphone.
When she opened the download, Antonios found text messages from and to “Eric” — Eric Le, an attorney in Raimondo’s office.
Antonios immediately stopped reading the contents, contacted Le and agreed to have the messages deleted from her possession, according to the motion.
Raimondo argues that’s not enough.
“The integrity of the judicial process and the defendant’s constitutional rights to effective assistance of counsel and a fair trial are compromised as there is discovery of client and attorney communication regarding defenses that may have been divulged to the District Attorney which will undermine Mr. Bush’s right to a fair trial,” he says in the motion.
Full Article: https://www.kget.com/musclecarmurder/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/
Motion seeks recusal of DA’s Office in ‘Muscle Car Murder’ case
BAKERSFIELD, Calif. (KGET) — A motion filed on behalf of one of the defendants in the “Muscle Car Murder” case seeks the recusal of the Kern County District Attorney’s Office after prosecutors received a download of the defendant’s cellphone containing text messages between him and his attorney.
The motion, filed Oct. 31 by attorney Mark Anthony Raimondo on behalf of client Joseph Bush IV, says the messages “contained privileged communications of client and attorney.”
“There are communications between defense counsel and Mr. Bush containing discussions about his case, defenses, planning, strategy, experts” and more, according to the motion.
Raimondo wants the DA’s Office recused from the case; another option he proposed would be the appointment of a special master — an outside legal expert — to review the cellphone’s contents and provide the court and attorneys with steps to ensure a fair trial.
A hearing on the motion is scheduled next week.
Bush, David Tyrone Thompson and Giovanni Garcia-Viscarra are charged in connection with the death of Victoria Anna Marie Hampton, 61. She was found wounded March 19, 2023, on Ginger Drive, north of White Lane and west of New Stine Road, and died April 1, 2023.
Police say Hampton’s car was stolen and she tracked it using an Apple AirTag, and was shot while confronting the defendants. Thompson, the accused shooter, is charged with murder, carjacking and vehicle theft. Garcia-Viscarra and Bush are charged with carjacking, vehicle theft and conspiracy.
Last month, according to Raimondo’s motion, prosecutor Christine Antonios received a download of Bush’s cellphone.
When she opened the download, Antonios found text messages from and to “Eric” — Eric Le, an attorney in Raimondo’s office.
Antonios immediately stopped reading the contents, contacted Le and agreed to have the messages deleted from her possession, according to the motion.
Raimondo argues that’s not enough.
“The integrity of the judicial process and the defendant’s constitutional rights to effective assistance of counsel and a fair trial are compromised as there is discovery of client and attorney communication regarding defenses that may have been divulged to the District Attorney which will undermine Mr. Bush’s right to a fair trial,” he says in the motion.
Full Article: https://www.kget.com/musclecarmurder/motion-seeks-recusal-of-das-office-in-muscle-car-murder-case/
‘There was no intent to kill’: Attempted murder charge dismissed in Shafter fight
‘I’m going to kill you’: Man accused of choking co-worker
Man arrested in hit-and-run crash on Ming and P that killed a local woman
Verdicts reached in Ridgecrest murder trial
Trial begins for 2 charged with murder in Ridgecrest shooting
Traffic stop-turned-arrest sparks debate on drivers’ rights during police encounters
Attorney Mark Anthony Raimondo gives his opinion on Former Congressman Kevin McCarthy
Mark Anthony Raimondo gives legal thoughts
BAKERSFIELD, Calif. (KGET) — Days after jurors found Jacqueline and Trezell West guilty five of the seven charges in the disappearance of their adopted sons Orrin and Orson West, questions remain in the case, including where are the boys’ bodies?
“These could have been my girls. We love these kids, those two little boys are our boys,” family friend Aracely Patino said. “They are Bakersfield’s boys, and I just don’t want any parents to go through what the biological parents are going through.”
Though the Wests were found guilty of murdering 4-year-old Orrin, jurors failed to reach verdicts on murder and conspiracy in connection with 3-year-old Orson’s disappearance and alleged death.
Criminal Defense Attorney Mark Raimondo said it is now up to District Attorney Cynthia Zimmer if she wants to pursue a retrial.
“I think the District Attorney’s going to take in great consideration the family’s feelings in addition to what is the cost benefit analysis of that is. I mean they’re going to get mandatory life sentences already,” he said. “Personally I’d be surprised if they do go forward given the multiple life sentences each of the defendants face.”
Raimondo said that as the family processes the verdict, a retrial could force them to relive the emotions of the trial all over again.
“A trial is very trying on the families as well and emotionally draining on the families as well so they may all want some closure. I wouldn’t be surprised if the family does seek some closure once the sentence is imposed,” Raimondo said.
Another option could be the Wests negotiating their sentences by confessing where Orrin and Orson are, if they know where the boys are. Raimondo said a confession seems unlikely at this point.
“Could they negotiate in a way for show us where the bodies are? Perhaps. But I think that ship has already sailed,” Raimondo said.
Sentencing for Jacqueline and Trezell West is scheduled for July 13.
Full Story Here: https://www.kget.com/missing-cal-city-boys/even-after-guilty-verdicts-questions-remain-in-missing-west-boys-case/
Mr. Raimondo sought to provide context
BAKERSFIELD, Calif. (KBAK/KBFX) — UPDATED: 5/19/23 at 6:25PM
Judge Brehmer said the jury reached a verdict yesterday afternoon right around 4:40. Friday they announced their verdict to a packed courtroom.
Friday, a Kern County jury making a historic decision-finding Trezell and Jacqueline West guilty of five out of seven counts in connection to the deaths of their adoptive children 3-year-old Orson Wear and 4-year-old Orrin West.
Trezell and Jacqueline West were found guilty of five out of seven counts. The counts they were found guilty of were:
Counts one through three were related to Orrin and counts four through six were related to Orson. Count seven was concerning both boys. The jury voted eight votes guilty to four votes not guilty for count four and ten votes guilty and two votes not guilty for count five.
“The district attorney will decide what to do with those counts at the next hearing,” local Criminal Defense Mark Anthony Raimondo said. Raimondo was not involved in the case. “It would be unlikely they would probably go forward given they’ll get multiple life sentences for the charges that they were convicted of today,” Raimondo said.
Raimondo was in the courtroom when the verdicts were read.
“The second-degree murder carried a life sentence,” Raimondo said. “The willful cruelty to a child resulting in death also carried a life sentence,” Raimondo said. “It will be I believe most likely consecutive life sentences. So, those charges are much less serious, given the exposure on the other two counts they were found guilty of” Raimondo said.
Since the case is still under a gag order the DA’s office and attorneys for the Wests cannot comment.
The West’s sentencing will be July 13th at 8:30 AM. Prosecuting attorney Eric Smith requested counts 4 and 5 to be tried at the sentencing. There is no bail pending.
——–A Kern County jury has found Trezell and Jacqueline West guilty of 5 of the 7 counts they were charged with Friday morning in regards to Orrin and Orson West.
The jury did not find a verdict for two counts, second-degree murder and conspire to commit a crime. Those counts are in regard to 3-year-old Orson West.
The Wests reported the toddlers missing nearly two and a half years ago. On the night of December 21, 2020, the family was living at their home in California City at the time of the disappearance. They allege the boys were last seen playing in their backyard.
The Wests were each facing a total of seven charges including:
Jurors found Trezell guilty of:
Jurors did not find a verdict of Trezell in:
Jurors found Jacqueline guilty of:
Jurors did not find a verdict of Jacqueline in:
Full Story Here: https://bakersfieldnow.com/news/local/verdict-reached-for-5-counts-in-trezell-and-jacqueline-west-murder-trial-kern-county-bakersfield-california-city-orrin-and-orson-verdict-reached-homicide