IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BEFORE THE HONORABLE DEBORAH RYAN, JUDGE DEPARTMENT NO.

Transcription

1 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) 0 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA BEFORE THE HONORABLE DEBORAH RYAN, JUDGE DEPARTMENT NO. ---o0o--- THE PEOPLE OF THE STATE OF ) CALIFORNIA, ) ) Plaintiff, ) ) CASE NO. C0 v. ) ) PATRICK MISSUD, ) ) Defendant. ) / ---o0o--- REPORTER'S TRANSCRIPT OF PROCEEDINGS APRIL, 0 ---o0o--- 0 APPEARANCES: FOR THE PEOPLE: FOR THE DEFENDANT: OFFICIAL REPORTER: CAROLYN ZABRICKI MALINSKY Deputy District Attorney JENNIFER BEDOLLA Deputy Public Defender CSR License #00 CRR/RPR Certificate # Certified Livenote Reporter Realtime Systems Administrator

2 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) 0 0 San Jose, California April, 0 PROCEEDINGS THE COURT: Number, Patrick Missud., Mr. Missud. DEFENDANT MISSUD: Good afternoon, Judge. Patrick Missud, pro se counsel with Jennifer Bedolla, my hand-picked public defender. MS. BEDOLLA: Your Honor, in this matter -- THE COURT: Mr. Missud, as you know, the requirements of the law are that you have an attorney. I did appoint the Public Defender's Office to represent you, and Ms. Bedolla is doing that and is functioning in that role. MS. BEDOLLA: Jennifer Bedolla for Mr. Missud. He's present out of custody. THE COURT: And this matter was on following the receipt of the two reports for decision to be made regarding a Court trial or a jury trial. MS. BEDOLLA: And, Your Honor, I'm requesting a date set in your department for Court trial. I will be waiving the right to a jury trial on this matter. MS. ZABRICKI MALINSKY: Good afternoon, Your Honor. Carolyn Zabricki Malinsky for the People on that matter. DEFENDANT MISSUD: I am protesting the waiver of the right to a jury trial. Also, I did serve the Court with a renewed CCP 0. motion to recuse based on bias and based on new evidence that was supplied to me by the Court's

3 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) reporter on March th and that official transcript, wherein this Court refuses to take judicial notice or acknowledge another official January th court transcript catching colleague, Judge Elfving, in lies. THE COURT: Are you requesting that? MS. BEDOLLA: I am not, Your Honor. THE COURT: All right. DEFENDANT MISSUD: I'm also requesting -- MS. BEDOLLA: And, Your Honor, I would ask the 0 0 Court note he is objecting to the waiver of the jury trial. THE COURT: And absolutely will so note that. DEFENDANT MISSUD: I also understand that there's an alternative public defender when there's a conflict of interest with the public defender who is hand picked by the Court to railroad the case. I'm requesting an alternative public defender, as is my right in Santa Clara County. MS. BEDOLLA: Your Honor, I believe that he is making a request for a Marsden hearing. THE COURT: That's what I took that as also. MS. BEDOLLA: If we could set that for a date when the Court is available. We can either appoint counsel at that time if the Court grants the motion or proceed with the Court trial if the Court denies the motion. THE COURT: All right. DEFENDANT MISSUD: All right. And just -- THE COURT: Let me just put something on the record, Mr. Missud. As I indicated last time, I have serious concerns

4 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) 0 0 and doubts, and I have done some research in this matter, as to whether Mr. Missud, himself, can bring a 0. motion under the circumstances where it is required when the proceedings are suspended under and where a lawyer is required to be appointed. So because Ms. Bedolla, as Mr. Missud's lawyer, is not requesting the 0., I do not feel it is appropriate to grant it. And, further, I do find that I have been involved in this case from the beginning, and I don't think it is -- it is timely, and so I am just, for the record and to be clear, denying that request at this time. If there's anything further that I need to hear on that or there's other legal points on that for me to reconsider at another time, I will be happy to do that, but that is my position based on my understanding of the law at this point. MS. BEDOLLA: Thank you. THE COURT: And I will set it for a Marsden hearing. MS. BEDOLLA: Yes. THE COURT: And/or potentially a Court trial, depending on the results of the hearing -- MS. BEDOLLA: Thank you. THE COURT: -- in my department. MS. BEDOLLA: And what date, what weeks are you available for -- THE COURT: I think we should set it for -- MS. BEDOLLA: Prelim week?

5 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) 0 0 THE COURT: Yes, prelim week. Let me see where I'm going to be at for that. MS. BEDOLLA: Is the week of the th a prelim week? THE COURT: It will have to be the th or the th. Could we check the -- MS. BEDOLLA: The th? The th isn't going to work for me, Your Honor, because that's the AA calendar date. THE COURT: So I'm going to try for the th. I want to see how many other matters I have on. MS. BEDOLLA: I think I set another matter in your department for that day. THE COURT: Okay. So I think that would be a good morning. All right. DEFENDANT MISSUD: All right. And also, for the record, just to correct the -- that the Court just put on the record, Section 0. states that a party and/or an attorney appearing in a case can motion the judge for recusal, and am I doing both in my capacity as a party and attorney, as well as California private Attorney General under the CCP 0 and USC and, which is federal informant. Now, the -- THE COURT: I think that's -- I think that's all we needed. I think that's all we need, Mr. Missud. Mr. Missud, I think that's all we need. You've made your position known. You've made your objection known.

6 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) 0 0 You've made your record, and I've made my ruling. So you do have a right to a Marsden hearing, which is what we will have on Monday, April th, at :00 o'clock in my department, Department 0. MS. BEDOLLA: Thank you. THE COURT: All right. MS. ZABRICKI MALINSKY: Your Honor -- DEFENDANT MISSUD: One last thing. My mother is not well, so April th may conflict with family appointments. That is, as of this date, uncertain and unknown. She's currently recuperating. THE COURT: I'm sorry to hear that she's not well. If there's something -- DEFENDANT MISSUD: I will notify Ms. Bedolla. MS. BEDOLLA: If there's a problem with him coming to court. THE COURT: Please do. We will take that into consideration, certainly, if you can't make it for that reason. MS. ZABRICKI MALINSKY: Clarify, Your Honor. Is the April th date both a Marsden hearing and the -- depending on the outcome of the Marsden hearing, the Court trial itself? MS. BEDOLLA: Yes. THE COURT: Potentially, yes, it is. Yes. So you would not be present, of course, for the Marsden hearing, but if it goes to trial, then you would be notified, or you're welcome to be there but outside for the

7 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) hearing itself. (Whereupon, the Court recessed.) 0 0

8 THIS TRANSCRIPT IS PROTECTED UNDER GOVERNMENT CODE SECTION (d) STATE OF CALIFORNIA ) ) COUNTY OF SANTA CLARA ) 0 I, HEATHER J. BAUTISTA, HEREBY CERTIFY THAT: The foregoing is a full, true, and correct transcript of the testimony given and proceedings had in the above-entitled action taken on April, 0; that it is a full, true, and correct transcript of the evidence offered and received, acts and statements of the Court, also all objections of counsel, and all matters to which the same relate; that I reported the same in stenotype to the best of my ability, being the duly appointed and acting official stenographic reporter of said Court, and thereafter had the same transcribed into typewriting as herein appears. 0 Dated: May, 0 ATTENTION: CALIFORNIA GOVERNMENT CODE SECTION (D) STATES: - COPY - COPY - COPY - COPY - Heather J. Bautista, CSR, CRR, RPR, CLR CSR Licence #00 CRR/RPR Certificate # Certified Livenote Reporter Realtime Systems Administrator "ANY COURT, PARTY, OR PERSON WHO HAS PURCHASED A TRANSCRIPT MAY, WITHOUT PAYING A FURTHER FEE TO THE REPORTER, REPRODUCE A COPY OR PORTION THEREOF AS AN EXHIBIT PURSUANT TO COURT ORDER OR RULE, OR FOR INTERNAL USE, BUT SHALL NOT OTHERWISE PROVIDE OR SELL A COPY OR COPIES TO ANY OTHER PARTY OR PERSON."