New readiness conference date set for ‘massacre threat’ trial
[Opposing sides to the massacre threat case against a former El Camino student were heard in court today.
Related Stories
'Massacre-threat' case will be thrown out or put to trial
Evaluation extends 'massacre threat' trial
Trial extends for student accused of threatening campus massacre
El Camino student accused of threatening massacre
The outcome of today’s court hearing should have decided whether or not James Lemus would get a reset on the case, according to the 995 motion that Public Defender Jonathan Cruz filed.
If the 995 motion is granted, “it will not result in the dismissal of the charges as most people would interpret,” District Attorney Patrick O’Crowley said in an email clarifying this point.
After discussing the competence of Lemus at the time of the preliminary hearing to this case, Judge Eric C. Taylor listened to O’Crowley about his side to the psychological report done by the defense.
O’Crowley’s major point of contention was that if Cruz really felt that if Lemus’ competence was a factor in the case, this should have been decided months ago during the preliminary hearing, instead of just recently when the evaluation was finally completed.
After hearing and being asked by the judge if Lemus would waive more time for the case, the defendant rubbed his face with discomfort and soon after Lemus and Cruz were put in the holding room to discuss what to do with the case and how to proceed.
Once they returned, they decided on allowing the people more time and as such the district attorney will have a psychological evaluation by his own expert by Aug. 31.
Lemus’ next court date will be Aug. 31. While a non-appearance session will be on Aug. 4.
Update: July 21, 3:42 p.m A change has been made to the headline where “prelim” is now “readiness conference” due to the specific type of hearing that will take place on Aug. 4.
Update: July 21, 3:42 p.m. Due to a misinterpretation of the 995 motion. It was said that if granted, the case would be over, but in fact, if the 995 was granted, then the case would have just been done over from the start, (information from district attorney Patrick O’Crowley.)
