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Judge to rule in gas tank caseThis article was originally published in the the Amador Ledger Dispatch on June 23, 1999, and is reproduced here with its permission. By Diane Smith JACKSON—A decision is expected Friday in the case against three principals in the gas tank hearing, Robert Womack, Mark Sherrill and Dave Mason III. Motions to recuse (disqualify on basis of prejudice or personal involvement) the prosecuting attorneys and counter motion to recuse defense attorney Bud Lewis will be considered during a 1:30 p.m. hearing in Amador Superior Court. Lewis, the attorney for Dave Mason III of Ione has been a vocal thorn in the side of the prosecution. His defense of Mason centers on only one charge—a felony count of conspiracy. Lewis has had trouble getting the prosecution to recognize the separate charge against Mason and to provide discovery just for Mason. To date, he claims, there has been no specifics as to the felony charge against his client. It begs the question, Lewis said, of what it is that Mason is expected to address in his plea. He has already pleaded not guilty but, Lewis said, the charge continues and discovery items to Mason were not separate from other defendants who have more charges against them. Lewis said that his dismissal request highlights the prosecution's failure to present proof; "they haven't met their burden." Mason has no duty to participate in his own prosecution, Lewis said. Defendants have the right to remain silent and they are presumed innocent until proved otherwise, he noted. The prosecution still has not presented details of the charge, he said. Copyright © 1999 Amador Ledger Dispatch |
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