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Demurrer filed in Big Cut Mine case

DSC_4024e

BIG CUT MINE owners Richard Churches, left, and Joseph Hardesty, right, meet with Churches' attorney Glenn Peterson before their court appearance on March 1. Democrat photo by Shelly Thorene

By
From page A3 | March 04, 2013 | 8 Comments

The two men in charge of the Big Cut Mine appeared in court Monday to announce a demurrer had been filed.

Joseph Hardesty and Richard Churches sat in the audience as Churches’ attorney, Glenn Peterson, told Judge Daniel B. Proud that a demurrer — a document intended to have the charges dismissed — had been filed that morning in response to a Grand Jury indictment against the two men.

Being that it would likely be the same as the demurrer filed against the original charges from the District Attorney’s Office, deputy DA Mike Pizzuti said it would take about two weeks to read and file a response. Proud noted that, after that, the defense would have until March 22 to file a reply to the opposition.

A hearing was scheduled for March 29 at 1:30 p.m. in Department 2 for further proceedings.

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Discussion | 8 comments

  • Jack NissenMarch 03, 2013 - 10:28 am

    DEMURRER!!!

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  • JimmyMarch 04, 2013 - 6:25 am

    "Demure" means coy, shy or unassuming. A "demurrer" is filed when a defendant maintains that the complaint fails to state a cause of action.

    Reply | Report abusive comment
  • Cole MayerMarch 04, 2013 - 8:02 am

    Indeed you are right, gentlemen. Corrections have been made.

    Reply | Report abusive comment
  • James SmithMarch 04, 2013 - 10:24 am

    What Grand Jury???? http://www.laketahoenews.net/2013/03/el-dorado-county-grand-jury-disbanded/

    Reply | Report abusive comment
  • Walking TallMarch 04, 2013 - 3:10 pm

    Wait for the next story to be printed, oil spillage from Amador County over Hwy 49 to Big Cut, resisting arrest, fleeing and cleanup. Film at 11.

    Reply | Report abusive comment
  • 1036-FrankMarch 04, 2013 - 5:22 pm

    The Grand Jury was disbanded as the Judge was out of town at a conference. Proving the need to permanently disband the "Do nothing" "Find Nothing" system. There really is no point in having a Grand Jury in this county, it is laughable and a waste, there should be a different system without an elected person, like a judge, overseeing decisions involving public corruption and other elected people and govt. employees.

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  • fernMarch 04, 2013 - 6:24 pm

    A criminal grand jury and a civil grand jury are two completely different entities.

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  • 1036-FrankMarch 04, 2013 - 7:32 pm

    Yes a criminal Grand Jury, being used here, is separate and for indictment, what the County Grand Jury is or was no-one is sure these days as this is the first time in County history one was dismissed in mid-term while investigating something. A functional Grand Jury, I believe, has powers to both recommend criminal and civil charges and should not be supervised by any elected politician, period.

    Reply | Report abusive comment
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