Date Posted: July 4, 2010 by randypotter5
California Penal Code 995 Motion
Penal Code 995 Motion in a embezzlement case under Penal Code 475 (a) where there was no admissible evidence of ownership of disputed funds,defendant held over under a phantom victim theory,magistrate refused to admit into evidence the judgment in parallel civil case that defendant prevailed on the merits,documents submitted by prosecutor were fabricated & held by state court in civil case to be void ab initio and unsigned,no mens rea testimony,judge refused to allow defendant to cross examine witnesses as to their lack of ownership of funds and that prosecutor promised witnesses to waive their liens against those moneys; prosecutorial misconduct of ex parte communication with the magistrate, no admissible evidence in support of enhancements or mens rea