‘Massacre-threat’ case will be thrown out or put to trial
The trial for the former-student who is accused of threatening a massacre on campus will soon be set in motion, to end the case in favor of the defendant or the people.
After a long wait over the psychological evaluation, former student James Lemus returned to court today to listen to what may be the final readiness conference before his trial begins next month.
“Six days,” defense attorney Jonathan Cruz said. “That’s how long it (the trial) should last.”
Judge Eric C. Taylor, District Attorney Patrick O’Crowley and Cruz have agreed to have one more meeting on July 20 to potentially accept a 995 that will be filed by Cruz.
The 995 is a motion to dismiss the charges, according to SHouse California Law Group.
If the 995 is granted, then due to the fact that Lemus was “not competent at the time of the preliminary hearing,” the charges against Lemus will be dropped and the case will be dismissed.
If the 995 is not granted for the defense, then the trial will begin on Aug. 18 with a non-appearance on Aug. 17 for the defense and the prosecution to pick jurors.
Lemus’ next court date is July 20 at 1:30 p.m.