LAKEPORT >> On Wednesday, retired Judge Leslie C. Nichols of Santa Clara County began a hearing of three motions brought by Hell”s Angels members” defense counsel. The session resumes activity in a more than three-year-old trial that has seen four judges recuse themselves from presiding over the case.
Nichols was chosen by the judicial counsel to preside over the hearings, which began on Wednesday and will end on Friday.
Two of the motions are a request for a dismissal of defendant Nicolas Carrillo”s charges; the first argues that District Attorney (DA) Don Anderson and DA Deputy Art Grothe used the criminal proceedings to wage a campaign against Lake County Sheriff Frank Rivero. The second requests a dismissal on the grounds that Carrillo”s right to have his case heard by a fair and impartial judge was violated under the circumstances surrounding judges Blum and Martin”s involvement and subsequent recusal from the case.
The third motion requests the return of evidence seized from Carrillo in 2011, which includes computers, cell phones, a rifle and XBox console — items Carrillo”s lawyer argues have been held past the 120-day warrant used to seize the property.
Nichols began Wednesday”s hearing by introducing himself and taking time to get acquainted with the motions. Nichols said he did not know any of the sitting judges in Lake County.
If the court does not decide to dismiss Carrillo”s charges, Carrillo will request that the court order an evidentiary hearing, which Nichols will also preside over. Attorney Michael Clough, representing Carrillo, said he would call Grothe and Anderson as witnesses during the hearing.
Judge Michael S. Lunas will preside over the trial, which is scheduled to begin Nov. 5.
