Humboldt County Public Defender Matthew Stermitz recently represented two separate clients in court after filing a writ of habeas corpus in each case for charges bound over from Justice Court.
Patience Frazier
Patience Marie Frazier faces felony charges of manslaughter, a category B felony and a gross misdemeanor charge of concealing a birth after a deceased infant she allegedly gave birth to was found to be buried at her residence.
In the preliminary hearing in Justice Court on July 12, the court found there to be slight to marginal evidence that the defendant had committed the crimes in question and the case was bound over to the Sixth Judicial District Court for further proceedings and prosecution by the Humboldt County District Attorney’s office.
Frazier’s attorney, Public Defender Matthew Stermitz filed a Writ of Habeas Corpus motion on Aug. 6 on Frazier’s behalf. At the hearing, Stermitz brought into question the charges against Frazier and whether the District Attorney presented evidence sufficient for the charges to be bound over to District Court.
“This is a case where science refutes, repudiates or bars the state from proving the elements of the offense,” said Stermitz.
Stermitz claimed that the pathologist appearing in the preliminary hearing could not testify whether the fetus had died in utero or not and whether Frazier had caused the fetus to die, even on the standard of slight to marginal evidence at a preliminary hearing.
Stermitz also said that although both methamphetamine and marijuana were found in the infant’s intestines, it could not be proven that those substances were ingested after the fetus had developed past 24 weeks.
“In the end, the state has failed to prove the child died in utero after the 24th week. Counts of manslaughter were not established at the preliminary hearing,” said Stermitz. “It’s a scientific impossibility based upon the facts of this case."
Deputy District Attorney Richard Haas said it was presented at the preliminary hearing that the child had stopped developing at 30 weeks, proving that the child was past the 24th week in development when the miscarriage occurred.
Haas argued that in the preliminary hearing it was testified that both marijuana and methamphetamine consumption could cause a premature birth along with self-harm. He said there was testimony at the preliminary hearing by a witness indicating Frazier had caused trauma to herself to cause the miscarriage.
Stermitz questioned the validity of the alternative count of manslaughter following Nevada Revised Statute (NRS) 200.220 regarding “a person who willfully kills an unborn quick child by any injury committed upon the mother of the child commits manslaughter.”
The argument brought to the court regarding the alternative manslaughter charge questioned whether the statute includes or excludes a mother doing harm to herself, which is alleged in this case.
Haas argued that since the legislature did not exclude a mother doing harm to herself in the language, that “a person” would include the mother. Haas requested that the motion to dismiss charges be denied.
A five-day jury trial for the case was previously scheduled to start on Jan. 7, 2019, with a pretrial conference set for Nov. 6.
“Thank you all for the argument today in support of and in opposition to the pretrial writ of habeas corpus, the court will take this matter under decision and issue a decision,” said Judge Michael Montero.
As of Monday morning, the court had not issued an official decision on the motion.
Carlos Travon Torres
Carlos Torres is facing a felony charge of open murder, possession of a controlled substance with the intent of sale, and three attempts to escape custody.
In the writ hearing. Stermitz brought into question whether the state produced slight to marginal evidence at the preliminary hearing to bound Torres over to District Court on the charges and asked each charge to be dismissed.
The presiding judge in the case is William Rogers, as Michael Montero recused himself from the case earlier this year due to factors potentially creating a conflict of interest.
The evidence presented at the preliminary hearing was presented by Stermitz at the Writ of Habeas Corpus hearing.
Stermitz said that Torres and the victim, Elizabeth Crawford, had been observed by a hotel employee to have been talking outside Crawford’s room prior to Crawford’s body being found with fatal stab wounds. Torres was found to be in possession of a backpack containing some of Crawford’s things, along with a room key sleeve containing her room number.
Stermitz argued that Torres being held on felony escape attempts was inconsistent as one of the charges he was being detained for at the time was a gross misdemeanor, meaning an escape attempt would also be charged with a gross misdemeanor. He said there was not sufficient evidence for Torres to be charged with possession of a controlled substance with the intent of sale.
Stermitz asked for each of the charges against Torres to be dismissed on the evidence he presented against the deemed slight to marginal evidence found at the preliminary hearing. Deputy District Attorney Richard Haas gave a rebuttal for each charge.
Haas said Torres was found with a large amount of marijuana and a scale, along with methamphetamine in the vehicle where his backpacks were located, providing sufficient evidence for the charge.
Haas stated that sufficient evidence was provided for slight to marginal evidence in the open murder charge, with Torres found with blood on his hands, being in possession of some of the victim’s things and a room key sleeve with her room number written on it, along with being seen with the victim outside prior to her being found. Haas asked that the judge deny the writ.
“The factual rendition in the petitioner’s writ is relatively accurate. The court, however, does deny the writ of habeas corpus as to each count except for the first escape charge,” said Rogers. “The court believes that the petitioner, in this case, is correct that should, in fact, be a gross misdemeanor as opposed to a felony.”
The charges will carry forward to trial as presented by the District Attorney as one felony charge of open murder, two felony escape attempts and possession of a controlled substance with intent for sale. One of the three escape attempts will carry forward as a gross misdemeanor rather than a felony.
Rogers also indicated there had been a motion filed to sever the counts, in which the state would have the opportunity to file an opposition. Stermitz said a motion to suppress would also be filed in the case.
The court scheduled a review hearing for any further motions on Dec. 21 at 9 a.m.
Torres is tentatively scheduled to begin a jury trial on March 4, estimated by the court to last approximately two to three weeks.
