By Linda Sutter
Why doesn’t Prosecution handle cases diligently?
In November 2009 Pelican Bay State Prison filed Charges with the District Attorney Office on Inmate Danny Roman C-15546, and seized his inmate account of $26,004.00.
In April 2010, District Attorney, Mike Riese, filed a petition for Asset Forfeiture, however, Mr. Roman was not served a notice of seizure until March 2010.
On February 7, 2011 Danny Roman filed an answer to petition for Asset forfeiture, then filed an opposition to strike answer and claim on April 11, 2011 in response to plaintiff’s motion to strike answer.
In June 2011 a defendant Danny Roman filed a motion to return property with supporting points and authorities, and drafted a request for production of documents, which was served on plaintiff District Attorney Office.
The DA’s office responded and served Mr. Roman with those responses on September 2, 2011. Since September 2, 2011 defendant Roman was not served with any requests for discovery, notice of motions, or hearings or any further information regarding the matter by Del Norte Superior Court or District Attorney’s office.
The California Code of Civil Procedure was the biscuit that broke the District Attorney’s office Back under California Code of Civil Procedure 583.360 (a) provides that an action shall be dismissed by the court on it’s own motion or on motion of the defendant after notice to the parties, if the action is not brought to trial within 5 years of commencement. (b) the requirements of this article are mandatory and not subject to extension, excuse or exception.
On May 29, 2015, Inmate Danny Roman’s attorney, Gabriel Zendejas Chavez, filed an motion Dismissing Civil Forfeiture Action for Failure to prosecute which was signed by a Del Norte Superior Judge.
How did this happen? Inmate Roman had been to court several times and on June 15, 2012 he made a request for council to Assistant District Attorney Specchio, which she informed him he not entitled.
Is that what happened in the Lacy Case?
Is this what will happen in the Joey Young Case?