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DONNA PALMER LISTENS to testimony along with her attorney Patrick Hanly at a preliminary hearing in Nov. of 2012. Democrat file photo by Shelly Thorene
Donna Palmer appeared in court Friday afternoon to have her information on arraignment hearing postponed.
Patrick Hanly, Palmer’s attorney, said that he was going to pick up the transcripts from the preliminary hearing on that case later that day. He said he would review the information, filed a 995 motion — a motion to dismiss information — and would then need time for Deputy Attorney General Steven Muni, the prosecutor, to respond.
Muni noted that this was supposed to be an arraignment on information hearing and that he would also be filing a motion to request that the testimony, both transcripts and video, of Don Esco from a conditional hearing be unsealed.
The arraignment on information, Hanly said, should come after the 995 motion is granted. Muni, however, said the arraignment should come first and suggested both could be handled in a single hearing.
El Dorado County Superior Court Judge Daniel B. Proud said that his preference would be to do the arraignment then. Hanly replied that he reserves the right to not enter a plea.
Both Hanly and Muni were then handed transcripts and fils, and the dates of the 995 motion were decided: It would be filed by Feb. 28, with Muni’s reply by March 29 and a final reply by Hanly by April 12. On April 26, at 8:30 a.m. in Department 2, a decision will be made on the motion.
Just before the hearing ended, Muni noted that Palmer was still out on bail, but was not requesting an increase in bail or a change in status.
Palmer has been charged with elder abuse after patient Johnnie Esco, 77, died after receiving care at El Dorado Care Center, where Palmer was director of nurses, in 2008. Her husband, Don, testified against Palmer before dying on Oct. 8, 2012.
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