New Defense Counsel States Jury Did Not Hear Mount’s Side
By: Lori Armstrong
Billy Raymond Mount’s effort at a second trial nears as he appeared in court with his new Defense Attorney David Kelvin Monday for his Disposition/Setting Hearing. During this session the court agreed to hear a motion for a new trial.
Mount was convicted of second-degree murder in the death of Steven Galvin, aka “T-Bone,” outside of a Clearlake home in broad daylight on July 2, 2015. In seeking a new trial, Mount has retained private counsel, Defense Attorney David Kelvin. Kelvin has substituted in, now that he has received the transcripts of the trial.
A pivotal issue in this case involved Galvin allegedly identifying a man other than Mount as his assailant moments before he died.
Police were led to the weapon by an acquaintance of Mount, but forensic experts were not able to lift a print or find DNA of Mount. They did, however, find evidence linking Mount to the acquaintance’s truck.
Within less than four hours after the closing statements, the jury returned a guilty verdict for Murder, Assault with Semiautomatic Firearm, Maliciously Shooting From a Vehicle at Person, and Possessing Firearm within 10 years of Conviction, along with additional special allegations.
Judge Andrew Blum presided over the Disposition/Setting Hearing and Defense Attorney David Kelvin stated, while he is in possession of the recorded transcript from the prior Jury Trial, he asked the court to consider the following critical matters when setting a date for the hearing of a new trial.
Kelvin has reviewed much of the material from the prior trial, but he to informed the court he has not completed examining documents, and he needs sufficient time. He also stated that while he is not happy of criticizing Mount’s prior defense counsel, his review revealed that the jury didn’t hear Mount’s side.
Kelvin asked the court to consider ancillary fees for a metallurgist expert, stating that the casings fired were from a .22 Ruger, which is the same type of gun owned by David Cox (the man Galvin identified as the shooter).
While testimony from one witness revealed Cox’s gun was missing parts, Kelvin argued that a metallurgist expert may be able to tell when parts were added to the gun, making it functional.
Judge Blum asked Kelvin how much time he needed to prepare on the motion for a new trial hearing. Being there is no argument by the People, the Motion for a New Trial Hearing is set for March 21 at 1:30 p.m. in Department 3.
The defendant is ordered to be present at that time.
