LAKEPORT >> Tracey Renee Morales pled guilty of involuntary manslaughter for causing a 2016 fire at a Lakeport senior apartment complex that led to the death of a resident.
Investigators determined that Morales, 62, was smoking while using oxygen on the evening of August 21, 2016. The action ignited a fire that spread through the Lakeview Senior Apartments at 525 Bevins St.
Deborah Dianne Dowdy, 53, was found dead inside the complex.
The Lakeport Police Department, along with the Lakeport Fire Protection District, assisted by investigators from Northshore Fire, Lake County Fire and CalFire, conducted an extensive cause and origin and criminal investigation of the circumstances of the fire and Dowdy’s death.
The matter is now referred to the Probation Department for the preparation of a sentencing report and recommendation with the Sentencing Hearing set for September 25 at 1:30 p.m. in Department 3.
The defendant is ordered to be present.
Green’s jury trial continued
The jury trial of The People vs Nine Green had been set for September 14 at 9 a.m., but after pretrial and scheduling discussions, the trial has been delayed until next year.
The decision to continue was made during a Status of Trial Hearing as Nine Green was present and not in custody with his Defense Attorney Charles Applegate and Deputy Attorney General Geoffrey Lauter was present as well. Presiding Judge Arnold Rosenfield appeared by telephone.
Green is charged with two counts of Threats to Commit Crime which would 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.
Based upon discussions with his client, Applegate said he did not believe six days would be sufficient to conclude the trial. The court announced its intention to ask the defense for an offer of proof as to. Green’s testimony.
Applegate stated that his client has indicated he will discharge him as counsel if the trial goes forward next week and that Green has effectively raised a Marsden issue (the only means by which a criminal defendant can fire a court-appointed attorney, based on a defendant’s claim that the attorney is providing ineffective assistance or has a conflict with the defendant).
The court was not willing to conduct a Marsden motion hearing over the telephone and Applegate motioned to continue the trial dates — the motion to continue is not opposed and is granted by the Court.
The agreed upon dates for the jury trial are January 9, 10, 11, 12, 18, 19, 24 and 26 of 2018.
On January 3, 2018 at 11 a.m. in Department 2. There will be a Pretrial Conference for the confirmation of the trial dates with telephone appearances being approved by the court.
A jury pretrial motion hearing is set for January 9, 2018 at 1:30 p.m. in Department 2.
Motions and juror questionnaires are scheduled for January 10 with jury selection and the first witness scheduled for January 11.
