That's right. Riverside County.
Even though John Albert Gardner III committed crimes in the Ranch Bernardo Area of San Diego, and in Escondido, both are in San Diego County, Riverside County has a problem right now.
Gardner is probably telling his Public Pretender "Can you move my hearings in Riverside?" "Can you move my Trial in Riverside?"
Any other time Riverside County would convict him of the murders of Chelsea King and Amber Dubois, as well as the attempted kidnapping in Lake Elsinore, which is in Riverside County. It not only has the Hall of Justice on 4100 Main St., but it has crinimal Courtrooms in Hemet, North of Murrieta, Banning, Blythe, and Indio. Albeit they also prosecuting Joseph Edward Duncan III for the murder of Anthony Martinez in Indio. Gardner may be hoping for another "Get Out of Jail Free" Card. Why?
The Sixth Amendment and the California Penal Code (which also included amendments of Proposition 115).
That's right. He may want a speedy trial. The particular provisions of the Penal Code, which was also amended by Proposition 115, states that, unless waived, Gardner has the right to have his trial heard within 60 days of the arraignment after his Information or Indictment has been filed. The situation is accute in all of Riverside County, because if they can't find a Courtroom to try Gardner's case, the Riverside County Superior Court will dismiss his case. It's not accute in San Diego County, if the case stays there, or if they send him to places like Santa Ana, Los Angeles, Ventura, or any other city in California where they can find 12 impartial jurors in the same County. Gardner is probably itching to get of jail period, but when you have the whole San Diego area mad at you, one would have to get out of Dodge, but chances are very good he'll be tried anywhere but Riverside County.
Another infamous person was also tried in Riverside County, but his case wasn't dismissed. A jury acquitted Alejandro Avila for molesting his girlfriend's daughter. Weeks after he was acquitted, he kidnapped, raped, and killed Samantha Runnion of Stanton, and left her naked body near Lake Elsinore. He's now on Death Row. It's something Gardner should have thought before killing Amber Dubois.
Mayeux on the Federal Courts and Criminal Justice - *Sara Mayeux, Vanderbilt University Law School*, has posted The Federal Courts and Criminal Justice, which is forthcoming in *Approaches to Federal Judicia...
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