Nine Green was not in custody and appeared in court for his Motion Hearing last week. During proceedings Deputy Attorney General Geoffrey Lauter, present by phone, requested an admonishment regarding Green’s posting of discovery information on YouTube.
Green is charged with two counts of Threats to Commit Crime which will Result in Death or Great Bodily Injury, Threats to an Elected Public Official, Willful and Malicious Harassment to Another Person and 34 counts of a Violation of Protective Order. The charges stem from a number of incidents, including Green allegedly spreading manure on the District Attorney’s office.
Meanwhile the defense attorney saga continued in this case. The Court was informed that Defense Attorney Patrick Pekin, who was present in court, was being substituted out at this time because Green had hired Defense Attorney Charles Applegate to represent him. Applegate’s appearance in court indicated he was prepared to substitute.
Green requested a Faretta Hearing during the prior hearing, meaning the defendant wanted to represent himself and waive court appointed public defenders. Instead, Defense Attorney Pekin was relieved and ordered to transfer his Green file and information to Defense Attorney Applegate.
Regarding the admonishment, as new defense attorney, Applegate informed the court he will have a discussion with his client.
Judge Arnold Rosenfield presided over this matter as relieved Defense Attorney Pekin had filed a motion under PC17b. Penal Code 17(b) is the governing statute permitting the court to reduce a felony to a misdemeanor.
The Hearing on the 17b Motion and Any Other Motions is set for March 2, at 10 a.m. as Deputy Attorney General Geoffrey Lauter was granted permission to be present by phone.
Defense Attorney Lauter is advised that the trial date in May remains and the court will keep that date set.
