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/
Kern County DA to decide on charges in alleged Arvin dog abuse case
It’s been nearly two weeks since the video of a dog in Arvin allegedly being sexually abused has gone viral. The community is awaiting justice.
The incident happened on December 4th and was caught on home video surveillance.
On Monday, Arvin Police told Eyewitness News they’d completed their investigation and submitted a formal complaint to the Kern County District Attorney’s office on December 12th.
RELATED: Arvin demands action after disturbing dog assault case prompts police investigation
Eyewitness News followed up with the DA’s office on Tuesday about the case being processed, and they said a charging decision would be made soon.
The Arvin community has been pushing for an arrest, but what would justice look like after that?
Here in California, Penal Code 286.5 (a) states “Every person who has sexual contact with an animal is guilty of a misdemeanor.”
Bakersfield Attorney Mark Anthony Raimondo explained the potential punishments the suspect might face if charges are filed by the District Attorney’s Office.
Bakersfield Attorney Mark Anothy Raimondo says the alleged suspect could still face some repercussions.
“It’s really likely somebody would get some counseling for that. I think the concern for most misdemeanors would be kind of an educational thing to teach the person a lesson as well as helping them deal with the issues that caused that to happen in the first place.”
Legal experts say proving sexual abuse against an animal is much more difficult than proving general abuse and they both have the same level of punishment.
https://bakersfieldnow.com/news/local/kern-county-da-to-decide-on-charges-in-alleged-arvin-dog-abuse-case
Retired CDCR sgt facing DUI, hit-and-run charges
BAKERSFIELD, Calif. (KGET) — A retired sergeant with the California Department of Corrections and Rehabilitation is facing felony charges after a crash in which he’s accused of leaving the scene and driving with a blood-alcohol content three times the legal limit.
Bail for Arnulfo Ryan Valverde was reduced Thursday from $700,000 to $45,000 on conditions including he immediately report to the probation department and be placed on an alcohol-monitoring device. He is to have no alcohol in his system.
A prosecutor opposed the change, telling a judge Valverde poses a public safety risk and should remain in custody.Driver in fatal Ming Ave crash says passenger grabbed wheel; police say driver was impaired
The prosecutor noted Valverde had a BAC of 0.24% after the Nov. 26 crash that injured two people — requiring one victim to get surgery on both wrists. A bottle of Jack Daniel’s whiskey was found in his car.
Valverde was arrested in the 10100 block of Stockdale Highway, which police said in a probable cause declaration was “in the nearby area of the collision.”
Defense attorney Mark Anthony Raimondo said Valverde will comply with all conditions of release. He said the former sergeant had a distinguished career and has no prior criminal record.
An on-the-job injury resulted in issues including “mental health conditions,” Raimondo said.
Valverde is charged with two counts of DUI causing injury, and hit-and-run causing injury. A preliminary hearing is scheduled Feb. 3.
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/
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