11/23/2009 10:14:00 PM
Judge denies motion to dismiss Solomon case
| |
|
By LINDA STEIN
The Daily Courier
A Yavapai County Superior Court judge denied a motion to dismiss the case of a Williamson Valley man accused of shooting at equestrians that twice ended in a mistrial.
Judge William T. Kiger also recused himself on Thursday but did not list his reason for doing so in his ruling.
Officials charged Steve Solomon with 15 counts, including aggravated assault and endangerment, in the Oct. 5, 2008, incident. Seven people riding by his property claimed someone shot at them. Solomon denied the allegations.
Claiming prosecutorial misconduct, Solomon's lawyer, Thomas K. Kelly, filed a motion asking the court to dismiss charges against his client without an option to refile them.
Kiger ruled before the trials began that witnesses should avoid references to "prior incidents occurring between (Solomon) and the alleged victims." In both the June and November trials, two different witnesses mentioned those incidents in violation of the court's order, Kelly said in the motion.
"The lack of diligence or indifference of the prosecutor in not admonishing his witnesses must seriously be evaluated," Kelly wrote, adding, "the seriousness of the offenses and jeopardy to the defendant is significant."
Kelly argued that the court now should dismiss the case against Solomon because another trial would violate his Fifth Amendment protection against double jeopardy and said that the interests of justice required dismissal.
However, in his ruling, Kiger found "there has been no such prosecutorial misconduct at any phase of this case." Instead, the judge said that the state found "there is a sufficient basis to seek justice through a trial by jury. The public need for a just, open and orderly determination of criminal conduct of any kind is always a strong consideration for the state."
Chief Deputy County Attorney Dennis McGrane declined comment about the case Monday because it remains in litigation.
Reached by phone late Monday, Kelly said that the ruling dismayed his client.
"He's disappointed," Kelly said. "He's suffering the anxiety and emotional distress of repeated retrials."
Kelly does not plan to appeal Kiger's ruling.
Kiger referred the case to Presiding Judge Robert M. Brutinel for reassignment. A third trial is not scheduled.
|
Posted: Tuesday, November 24, 2009
Article comment by:
No name provided
I do not disagree with the ruling, as it is according to law. However, why has the County Attorneys office pursued this case so vigorously? Think of all the time, effort and taxpayers money which has been already spent on taking it to trial twice. It is always a witness testifying for the State who crosses the line. WHY?
Posted: Tuesday, November 24, 2009
Article comment by:
No name provided
The editor has removed this comment because it violates the Terms of Use
agreement for dCourier.com. The "Use of Service" portion states, "If you use
the Service, including the Messages Boards or Blogs, or submit essays,
e-mail messages or other ++-- via www.courieraz.com or
www.prescottaz.com, you agree to abide by and be bound by the following:
1. You may not post, upload, or transmit any material or links to material
that is libelous, defamatory, false, misleading, obscene, indecent, lewd,
pornographic, violent, abusive, threatening, harassing, discriminatory,
racist, vulgar, invasive of anotherıs privacy, illegal, constitutes hate
speech, or harms minors in any way. You may not post content that degrades
others on the basis of gender, race, class, ethnicity, national origin,
religion, sexual preference, disability or other classification. Epithets
and other language intended to intimidate or to incite violence will not be
tolerated. Debate, but donıt attack. The Daily Courier encourages vibrant
discussions and welcomes active debate in its discussion forums. But
personal attacks are not tolerated, and are a direct violation of these
Terms of Use."
|
Article Comment Submission Form
|
|
