interest issue in Packer murder case
The state Supreme Court heard arguments Tuesday on whether a Ventura County prosecutor should be removed from the Joshua Packer case because his children once spent time with the man accused of killing a Faria Beach couple.
The high court weighed the issue of whether to order a lower court to hold a hearing to determine if Chief Deputy District Attorney Mike Frawley should be removed from the prosecution team because of his children s high school connections to Packer, 24, of Ventura.
The high court is expected to issue a ruling within 90 days. Both sides have an additional 30 days to petition for another hearing before the decision is finalized.
Brock Husted and his pregnant wife, Davina, were watching American Idpatagonia messenger bag tutorial pattern0ol on May 20, 2009, when Packer entered the beach home through an open glass door and demanded money at gunpoint, prosecutors allege. Packer sexually assaulted Davina Husted, who was pregnant, then stabbed the couple to death, officials charge. He now faces the death penalty.
A Ventura Countpatagonia down jacket special editiony Superior Court judge denied an evidentiary hearing and motion to recuse Frawley from the case. The 2nd District Court of Appeal in Ventura also ruled Frawley can remain opatagonia catalyst daypack reviewn the case, so the defense appealed to the state Supreme Court.
The defense contends Frawley has a potential conflict of interest because his children once spent time in a Christian youth group with Packer. According to the defense, Packer was part of the Young Life group, along with Frawley s son in 2006 and Frawley s daughter in 2008. Defense attorneys also say Packer, who attended Ventura High School, had been in Frawley s home during social events involving the youth groupatagonia girls better sweaterp.
Frawley s daughter once dated a friend of Packer, and Frawpatagonia messenger bag tutorial pattern3ley s ex wife served on an organization board with Davina Husteddiscount patagonia backpacks, the defense alleges.
I think the unusual circumstances here were that the core witnesses who were percipient and relevant to the recusal issue were closely affiliated with the assigned prosecutor his two children, to a lesser degree his wife, to another degree his ex wife, Chief Deputy Public Defender Michael McMahon told the justices Tuesday. We were rarely prepatagonia messenger bag tutorial pattern2ssing the ultimate merits of our recusal motion. We were begging for an evidentiary hearing because the witnesses that we needed to meet are a statutory burden . are closely aligned to the prosecutor.
McMahon also pointed to what he called was a possible red flag a tweet from Frawley s daughter that said she was really over not being able to tweet her whereabouts.
We want to ask her: Has he (her fathpatagonia chile and argentina best time to traveler) been dissuading witnesses? McMahon said.
Frawley, however, has declared that he never met Packer before his involvement in the Hustpatagonia discount code jossed case. Frawley said his children s relationships with Packer would never cause me to exercise my discretion and professional duties differently than I would if they had never met defendant (Packer) or any witness in the case.
Deputy District Attorney Michelle Contois maintained the trial court did not abuse its discretion by denying an evidentiary hearing. Chief Justice Tani Cantil Sakauye questioned discrepancies in statements provided by Frawley s son. In one statement to a defense investigator, Frawley s son gave a favorable statement about Packer. In his second statement, however, Frawley s son disavowed his prior statements. Frawley was present during the second interview, Cantil Sakauye said.
Associate Justice Goodwin Liu asked Contois how the trial court could have made a reasonable judgment when it patagonia messenger bag tutorial pattern1denied the evidentiary hearing if the only witness who testified was Frawley himself.
Mr. Frawley is the witness, Contois said. patagonia guide jacket menThe only way an evidentiary hearing demonstrates a conflict . is if it patagonia guide jacket xxxldemonstrates that Mr. Frawley . in setting forth that declaration, perjured himself because he said, I did not interfere. I did not instruct my children to do anything but make up their minds and tell the truth.
Defense attorneys say Packer continues to offer a guilty plea in return for a life sentence without parole a deal he has sought sipatagonia guide pants 29x34nce 2010 but has been rejected by the Ventura County District Attorney s Office. The defense is challenging that refusal in a separate case spurred by a federal judge s recent ruling that the state s death penalty is unconstipatagonia messenger bag tutorial patterntutional.
