NEWSMAKINGNEWS

 Who owns Anna and Emily Nunez?
THE TOTALLY UNINFORMED JURY IS OUT. [Part 3]
by Virginia McCullough

At 8:00 a.m. the morning of June 26, 2003 the Nunez trial was commenced in Department 4, before Judge Mary Ann O'Malley, a recent appointee to the bench.   The morning court session consisted of closing arguments.  Kelli Nunez's attorney, public defender Terri Mockler gave a short closing argument as did the attorney for Junior Manning, the co-defendant is this bizarre case.

Contra Costa Deputy District Attorney Kirk Andress stated in his closing argument that there was no evidence that Danny Nunez ever abused the children.  Danny Nunez and his finance Sharon Zeff had previously testified they did not abuse the kids.

Judge O'Malley made a preliminary ruling that no witnesses could talk about the two little girls being abused.  All witnesses to take the stand had stuck to this ruling, except mother Kelli Nunez, who brought up her allegations of abuse, until the Judge stopped her more than once.

Thus the district attorney and his two prime witnesses could assert NO abuse and no other witnesses for the defense could assert there WAS abuse even though virtually everyone who took the stand had seen pictures of the horrendous bruises someone had inflicted on these two precious children.

The 8 male and 7 female jurors that constitutes the totally uninformed jury were not allowed to see the abused children's pictures and judge for themselves.  It is for this reason that newsmakingnews.com publishes one of the pictures on today's web site.  These pictures were the reason that Kelli Nunez and the children's entire maternal family feared for their safety.  Judge for yourselves, readers -- are these abused children? Click to see one of the pictures.

Yesterday at approximately 11:00 a.m. the concerned but misled members of the jury retired to deliberate.

At approximately 2:30 p.m. in Department 4,  Judge John C. Minne was presiding at this trial because jurors wanted some exhibits and copies of instructions and the stipulations and judicial notices.  To have Judge Minne presiding in the Nunez trial in any capacity is particularly ironic because militia man Rich Peterson, who should be simultaneously on trial with Kelli Nunez and Junior Manning, told anyone who would listen that Judge Minne served on the board of directors of Peterson's non-profit company, "Klout for Kids".  In fact, Peterson, had infiltrated the legitimate non-profit organization that had been founded by others and was using the name to allegedly launder money, according to spokespeople for the support organization for kids.  They put Peterson on written notice to cease and desist using the non-profit good name but finally had to dissolve their legitimate group on January 1, 2001 in order to disassociate themselves from the con-artist Peterson, who had been using the name since August 26, 1997 when he filed a fictitious business name statement in Contra Costa county (see DBA 97-5215).  How sad that Peterson could continue to use and abuse the good name of Judge Minne in this fashion with absolute impunity.  Who protects this shyster?

According to deputy district attorney Kirk Andress there was a hearing regarding Rich Peterson in Department 33 before Judge Diana Smith.  The hearing had been set to receive two doctor's reports about Rich Peterson.  One report states it was probable that Peterson was incompetent to stand trial.  The other report stated there was a lack of information to make an evaluation.  The judge said she was persuaded that there was a substantial issue of competency of Peterson and she suspended proceedings and set a jury trial date on August 11, 2003 at 8:00 a.m. for a jury to determine Peterson's mental competency.  The trial will take place in Department 1.

Peterson achieves this type of success, and it is success, because the judges allow the militia game played in their courtroom even when the county is paying for competent counsel such as Peterson's attorney Jack Weiss.  Weiss told Judge Smith that his client wants to represent himself.  Judge Smith asked Peterson if  he wanted to represent himself and he said, "No, I never had a lawyer here and never will.  I am a sovereign."  This is more militia common law garbage and the judge accepted it and refused to let attorney Weiss off of the case.

This type of a decision is the exclusive purview of the sitting judge.  It reminds this writer of the Polly Klaas case wherein the accused (now convicted) killer Richard Allen Davis wrote to Sonoma County Judge Rosenfield while Davis was being held in the notorious mental health unit MH26 at the Sonoma County Jail on January 2, 1995.  Davis requested:  

Dear Sir:  I've tried every avenue open too (sic) me, to get out of this mental health unit, even trying (sic) to ask you for help, 9-1-94.  As I wrote the D.A. and my lawyer, if the only way getting out of here is to sign the paper work to get me onto San Quentin to death row then I'm ready because I can't take it anymore.  You just couldn't understand.  

Davis's hand written request garnered the reply, "Judge Rosenfield reviewed this request form and ordered that your request be referred to your attorney, Barry Collins, for his review and consideration".  It was signed by Debra Lamb, the judges secretary.

Certainly a request to go directly to death row raises the question of mental competency and the judge should have ordered a mental competency hearing but that would have resulted in a lack of interest by the voracious media and a delay in the show case trial that Sonoma County District Attorney Mike Mullins so desperately wanted.  So there was no hearing and the circus began.

When court closed yesterday afternoon, the jury was still out.  God give them wisdom because the public servants in Contra Costa gave them none.
 
The circus in Contra Costa County was orchestrated to separate judgment-proof Rich Peterson's trial from that of the two targeted by the district attorney's office, Kelli Nunez and Junior Manning.  To cleanse Danny Nunez and Sharon Zeff, the judge had to exclude any and all questions regarding their alleged abuse of the children.  So the judge agreed with the DA and ruled in his favor.  The caring members of the jury will not be allowed to use their own eyes and brains to truly judge the issues before them.

If ever a case for a fully informed jury is made is should be in THE BEST INTERESTS OF THE CHILDREN, not in the best interests of cruel Child Protection Services which is little more then a multi-billion dollar racket equivalent to con man Rich Peterson.

by Virginia McCullough © 6-27-03


THE KELLI NUNEZ STORY:  Click.  [Part 9]  Click. [Part 8] CLICK. [Part 7] CLICK. [Part 6] CLICK. [Part 5] CLICK. [Part 4]
CLICK.  [Part 3] CLICK.  [Part 2] CLICK  [Part 1]