Judge denies teen's demurrer to perjury complaint
YUBA CITY (3/14/03) -- A Sutter County judge Friday denied a teenager's request that prosecutors be more specific in their accusations that he lied to a grand jury probing a drug-related death.
Superior Court Judge Robert Damron ruled Yousef Nassiri, 18, has been given sufficient notice of the perjury offenses he faces from the probe into the death of 17-year-old Nicole A. Crowder.
He ordered Nassiri back to court Wednesday for arraignment, and set a preliminary hearing into the charges for March 21.
Crowder succumbed April 27, 2002 to an overdose of Ecstasy she allegedly received at a teen party, which Nasiri also attended.
Nassiri was among a score of party-goers that testified to a grand jury investigating the death.
The questioned complaint charges Nassiri and Frank D. Soucek, also 18, with perjuring themselves Aug. 7, 2002, but gives few details of what they allegedly said or did.
It is a fundamental principle of due process that a defendant is entitled to know what charges he faces, yet it is impossible to discern in "what (Nassiri) allegedly did and where," based on the complaint, defense attorney Justin Scott argued.
Moreover, it was unclear whether the prosecution was alleging Nassiri allegedly made one false statement, or several, and to whom, Scott said.
Prosecutors may make the contentions clear later, before a judge, but "what's the problem with putting it in the complaint," Scott wanted to known
"We're long past the times of trial by ambush," Scott said. The defense needs the information in order to make a satisfactory defense at the preliminary hearing, Scott added.
Deputy District Attorney Susan Green countered that the complaint as presented gives sufficient notice and nothing more was required of the prosecution.
Crowder's death has been a high profile issue, with the host of the party, Tomio A. Izumi, already having pleaded no contest to drug-related charges stemming from her death.
Everyone in Sutter County knows about the case and that the allegations focus on Nassiri and others lying to the investigating grand jury, Damron said.
But, if it turns out that if there is "a huge difference" between what the defense is expecting to happen at the preliminary hearing and what the prosection raises, he will grant the defense extra time, Damron promised.
In view of his ruling, Scott said he plained to file a motion to severe Nassiri's case from those of Soucek and Brian N. Skousen, also 18, a third teen similarly charged.
Skousen and Soucek have pleaded innocent to the perjury charges.
YUBA CITY (3/14/03) -- A Sutter County judge Friday denied a teenager's request that prosecutors be more specific in their accusations that he lied to a grand jury probing a drug-related death.
Superior Court Judge Robert Damron ruled Yousef Nassiri, 18, has been given sufficient notice of the perjury offenses he faces from the probe into the death of 17-year-old Nicole A. Crowder.
He ordered Nassiri back to court Wednesday for arraignment, and set a preliminary hearing into the charges for March 21.
Crowder succumbed April 27, 2002 to an overdose of Ecstasy she allegedly received at a teen party, which Nasiri also attended.
Nassiri was among a score of party-goers that testified to a grand jury investigating the death.
The questioned complaint charges Nassiri and Frank D. Soucek, also 18, with perjuring themselves Aug. 7, 2002, but gives few details of what they allegedly said or did.
It is a fundamental principle of due process that a defendant is entitled to know what charges he faces, yet it is impossible to discern in "what (Nassiri) allegedly did and where," based on the complaint, defense attorney Justin Scott argued.
Moreover, it was unclear whether the prosecution was alleging Nassiri allegedly made one false statement, or several, and to whom, Scott said.
Prosecutors may make the contentions clear later, before a judge, but "what's the problem with putting it in the complaint," Scott wanted to known
"We're long past the times of trial by ambush," Scott said. The defense needs the information in order to make a satisfactory defense at the preliminary hearing, Scott added.
Deputy District Attorney Susan Green countered that the complaint as presented gives sufficient notice and nothing more was required of the prosecution.
Crowder's death has been a high profile issue, with the host of the party, Tomio A. Izumi, already having pleaded no contest to drug-related charges stemming from her death.
Everyone in Sutter County knows about the case and that the allegations focus on Nassiri and others lying to the investigating grand jury, Damron said.
But, if it turns out that if there is "a huge difference" between what the defense is expecting to happen at the preliminary hearing and what the prosection raises, he will grant the defense extra time, Damron promised.
In view of his ruling, Scott said he plained to file a motion to severe Nassiri's case from those of Soucek and Brian N. Skousen, also 18, a third teen similarly charged.
Skousen and Soucek have pleaded innocent to the perjury charges.
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