Defense moves to quash
early Leary interview
by Thom Nadeau of Notable Trials Action opened today in pre-trial proceedings in People v. Michael Leary with the defense moving to quas...
https://www.elkgrovenews.net/2010/10/defense-enters-motion-to-quash-leary.html
by Thom Nadeau
of Notable Trials
Action opened today in pre-trial proceedings in People v. Michael Leary with the defense moving to quash statements Leary made to an investigator on the grounds he was not properly advised that he was at the time the subject of a criminal investigation.
The dispute hinged on how and when he was advised in light not only of the ordinary Miranda warning type admonishments, but those relating to rights Leary had in administrative investigations.
Issues being debated by defense attorney William Portanova and Deputy District Attorney Michael Blazina related to an additional administrative procedural warning law enforcement officers are entitled to and to points of law raised by two court decisions dating to 2000 and 2009.
After Portanova laid out the basics of the defense motion to quash, Blazina called Sacramento Sheriff’s Sergeant Todd Thiassen to the witness.
Thiassen is assigned to the department’s Internal Affairs section and handles administrative investigations in which department action may result, but not criminal actions.
Thiassen testified that he had begun an investigation into a complaint against Leary lodged with the department by Alyc Maselli.
Leary was contacted and interviewed as an administrative matter, but, Thiassen said, he was later informed that a separate criminal investigation had been launched against Leary and so he suspended his investigation and did not contact Leary any further.
However, he did keep an eye on the progress of the criminal investigation being conducted by Mark Freeman and Darren Greim of a separate Special Investigations Bureau.
Things got heated as Portanova’s questioning shifted to focus on Greim and his contacts with Maselli.
About that that time, Judge Ben Davidian called for a lunch break, saying it was clear the hearing would have to leak over into the afternoon session.
Closed door discussions by the parties involved reportedly included some last minute dickering in which lesser charges were again offered to Leary, but broke down when the defense demanded that any deal include a agreement to bring separate criminal charges against Maselli -- something the prosecution evidently declined to do.
Debate on the defense motion to quash is expected to continue this afternoon. Davidian is not expected to rule today on this motion.
of Notable Trials
Action opened today in pre-trial proceedings in People v. Michael Leary with the defense moving to quash statements Leary made to an investigator on the grounds he was not properly advised that he was at the time the subject of a criminal investigation.
The dispute hinged on how and when he was advised in light not only of the ordinary Miranda warning type admonishments, but those relating to rights Leary had in administrative investigations.
Issues being debated by defense attorney William Portanova and Deputy District Attorney Michael Blazina related to an additional administrative procedural warning law enforcement officers are entitled to and to points of law raised by two court decisions dating to 2000 and 2009.
After Portanova laid out the basics of the defense motion to quash, Blazina called Sacramento Sheriff’s Sergeant Todd Thiassen to the witness.
Thiassen is assigned to the department’s Internal Affairs section and handles administrative investigations in which department action may result, but not criminal actions.
Thiassen testified that he had begun an investigation into a complaint against Leary lodged with the department by Alyc Maselli.
Leary was contacted and interviewed as an administrative matter, but, Thiassen said, he was later informed that a separate criminal investigation had been launched against Leary and so he suspended his investigation and did not contact Leary any further.
However, he did keep an eye on the progress of the criminal investigation being conducted by Mark Freeman and Darren Greim of a separate Special Investigations Bureau.
Things got heated as Portanova’s questioning shifted to focus on Greim and his contacts with Maselli.
About that that time, Judge Ben Davidian called for a lunch break, saying it was clear the hearing would have to leak over into the afternoon session.
Closed door discussions by the parties involved reportedly included some last minute dickering in which lesser charges were again offered to Leary, but broke down when the defense demanded that any deal include a agreement to bring separate criminal charges against Maselli -- something the prosecution evidently declined to do.
Debate on the defense motion to quash is expected to continue this afternoon. Davidian is not expected to rule today on this motion.
Posts
Post a Comment