Wednesday, April 16, 2014

Waters requests new attorney, retrial


DEPUTY DISTRICT ATTORNEY Trish Kelliher requests that Judge Daniel B. Proud issue a bench warrant for Kenneth Waters, who failed to appear at his sentencing on Feb. 15 as Waters' new attorney, Daniel Karalash looks on. Democrat photo by Shelly Thorene

From page A1 | February 18, 2013 | 1 Comment

At a judgement and sentencing hearing for Kenneth Waters Friday afternoon, new counsel and a new trial were requested.

Although the hearing was meant to be Waters’ judgment and sentencing, nothing of the sort occurred. Instead, Daniel Karalash, representing an absent Waters, requested 45 days to file motions concerning him becoming Waters’ attorney.

Deputy district attorney Trish Kelliher objected on grounds that the verdict of the trial had been decided on Jan. 10. She also noted that Waters had not contacted Karalash until early February and that he was not even present for what was to be his judgment and sentencing hearing. All of these, she said, were “delaying tactics.”

Neither Waters nor Richard Dudek, his attorney since the charges were filed, remembered that the defendant was ordered to appear, Karalash said.

El Dorado County Superior Court Judge Daniel B. Proud, after checking, said the minutes of the hearing were “pretty clear” that he was ordered to appear. He ordered a bench warrant of $10,000 be issued for Waters, but would stay it until Feb. 19 at 12:45 p.m. He also, however, granted the motion to continue the hearing for about 45 days in order to allow Karalash to file motions.

Prior to obtaining new council, Kelliher said before the hearing ended, there was to be evidence sealed in order to protect the victim’s identity, only identified as Jane Doe during the trial. She never received the stipulation back from Dudek, knowing now that it was because of a change in counsel, but Proud said he would have granted the sealing of evidence even if Dudek objected.

The next hearing concerning the motions will be on April 12 at 1:30 p.m. in Department 2.

Waters was found guilty on Jan. 10 of offering sexual acts in exchange for halving the price of bail, as Doe had been in jail on a DUI charge.


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