Two miners accused of illegally mining appeared in court Friday afternoon to have their trial pushed back.
Deputy district attorney Gloria Mas said she received two different 995 motions, motions to dismiss charges or the case, from the two defendants, Richard Churches and Joseph Hardesty. She received them last week, but due to being at a conference, had not had a chance to read them yet. She also received a transcript of the preliminary hearing, with between two and three days of hearings. She said she had not been at the Grand Jury preliminary hearing.
She requested about 30 days to respond to the 995 motions, as both she and Hardesty’s defense attorney, William Brewer, had other trials already set.
Judge Daniel B. Proud told her to file her opposition statement by Aug. 5, with a response from the defense by Aug. 19. A hearing on Aug. 30 at 1:30 p.m. would discuss the motion and the filings. A new trial date will also be picked during the hearing, Proud said.
Brewer noted he filed a motion to compel discovery, and a response had been received by the court from Mas. He said he filed his response just before the hearing. A new hearing on July 15 at 1:30 p.m. will discuss the motion to compel discovery, unless it is resolved out of court.