Monder Law Group - News
What to expect for Man Arrested in Homeless Killings in San Diego
It is already known that the San Diego Police Department already released one individual that was suspected of being involved with the homeless killings earlier this month because they did not have enough to keep in custody to proceed with the court proceedings. In order to proceed with the arraignment, there would have to be enough reasonable suspicious or probable cause that the District Attorney believes would suffice to make it past the preliminary hearing and proceed to trial. Captain David Nisleit indicated that they would have to shift their focus and find someone else. This is never a good sign because at this point the entire investigation shifts and they start their investigation over. It is often detrimental to the people’s case because there may be lingering doubts as to who may really be involved. After providing a sketch to the public to find individuals that look like the suspect would cause doubt for any criminal defense attorney looking at this case from an objective stand point. This means there are eyewitness credibility issues.
After the arraignment the case will be set for a readiness conference and a preliminary examination. Any reputable attorney that looks at the police reports will debate on whether to conduct what is known as a Evans Line-Up motion prior to the preliminary examination before any of the witnesses get to see the suspect in the courtroom. This is a critical point because if the Defense wins on this motion then there will be an opportunity for the criminal attorney to question the credibility of any witnesses by having a line-up at the jail with other similarly situated looking individuals.
Often times at the preliminary examination witnesses will just say that an individual was the person they saw commit the criminal act because it is the only person sitting in the defense chair. If you are able to eliminate these one-sided prosecutions it will greatly enhance the ability to play on an even playing field before the merits of the case are heard before a judiciary. Evan Line-Up motions are a great way criminal defense attorneys get the truth beyond what can just be read in a police report. If you have any questions about the criminal process, feel free to contact Attorney Vik Monder at 619-405-0063 or visit San Diego Criminal Lawyer