LAKEPORT — A motion to amend the complaint against Melvin Dale Norton, 38, was filed and accepted Tuesday in the court of Honorable Judge Arthur Mann. Ruling on the motion is expected today.
In light of District Attorney Art Grothe”s motion to amend, which would add a conviction for battery to Norton”s prior strike history, Public Defender Stephen Carter indicated he may petition for a mistrial on behalf of his client.
Norton is a co-defendant standing accused of murder along side Shannon Lee Edmonds, 35. The men are being charged with several violent crimes in relation to the Sept. 22, 2009 death of Shelby Ryan Uehling, 25, of Bozeman MT. Both men have pleaded not guilty by means of self-defense.
Grothe said in reviewing the abstract of judgment, which is a document that is prepared by the court summarizing a conviction, he discovered an additional strike on Norton”s record. According to Grothe a strike for robbery showed up on Norton”s wrap sheet, which he said was previously alleged in the current complaint against him. However, in reviewing the abstract of judgment, Grothe discovered that the 2001 conviction was not only for robbery but also for battery with serious bodily injury.
Having discovered this previous conviction, Grothe said it is the prosecution”s obligation to amend its complaint against Norton to add that prior strike.
Carter requested a court recess in order to review the abstract judgment as well. He said that because the strike didn”t show up on Norton”s wrap sheet as presented by the District Attorney”s Office in discovery that he may move for a mistrial.
He said the recent discovery is vital information that changes his client”s position in the case.
“It occurred to me there are things I would have structured differently,” Carter said in reference to the defense he”s provided Norton.
Addition of the strike to the complaint against Norton would affect sentencing standards should a guilty verdict be returned in the current case against him.
Judge Mann said that amendments to complaints are allowed up to the time of sentencing. He is expected to provide a ruling on the motion to amend today.
The trial will reconvene today at 9 a.m., outside the presence of the jury, in Lake County Superior Court Department 3 in Lakeport.
Contact South County reporter Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
