Hollister
– A hearing set to resolve a dispute over access to evidence in
the case of a Hollister teenager accused of murder case against a
Hollister teenager was continued Monday morning in San Benito
County Superior Court.
Hollister – A hearing set to resolve a dispute over access to evidence in the case of a Hollister teenager accused of murder case against a Hollister teenager was continued Monday morning in San Benito County Superior Court.
Attorney Greg LaForge, who is representing 17-year-old Emilio Roman in the case, had formally complained that District Attorney Candice Hooper had failed to provide him with all of the evidence needed to help him prepare his defense. On Friday, Hooper turned over a document that she said contained the last of the evidence.
On Monday, LaForge requested that the hearing be continued until 1:30pm today so he could review the document.
“It was continued because of the late response from the district attorney,” LaForge said.
Hooper said she also gave LaForge her objections to the additional evidence he requested regarding his client’s alleged gang affiliation.
She said producing the additional evidence would place a burden on the understaffed Hollister Police Department. She said the evidence would take 80 hours to compile and has no relevance to the case.
“Our position is the majority of the evidence has already been provided,” Hooper said.
Last month, LaForge filed a request for sanctions against the prosecution, asking that Hooper be held in contempt of court. His request for sanctions also asks that none of the prosecution’s witness testimony be allowed at trial, that the prosecution be prohibited from presenting evidence at trial and that the jury be advised that the district attorney had failed to disclose evidence against his client during discovery, according to San Benito County Superior Court documents.
At today’s hearing, San Benito County Superior Court Judge Alan Hedegard, who is presiding over the case, is expected to decide if the prosecution has acted appropriately in turning over its evidence to the defense.
Hedegard did not take the bench Monday morning. Hooper, LaForge and Bud Landreth, attorney for 18-year-old Gonzalo Munguia, met in the Hedegard’s chambers to continue the hearing.
Munguia and Roman are accused of killing 18-year-old Hollister resident Daniel Gallegos last July. Munguia has been charged with first-degree murder. Roman is accused of second-degree murder.
