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Womack case put off to Nov.This article was originally published in the the Amador Ledger Dispatch on September 22, 1999, and is reproduced here with its permission. By Katherine
Bowers JACKSON—Robert W. Womack may finally have his day in court—but not until November, at the earliest. Then, it is still up in the air whether "evidence" seized in a search of Womack's home in October, 1998, will be able to be used by prosecutors. Special prosecutor to the Amador District Attorney's office, David J. Irey of Stockton, filed a writ late Friday to the state Appellate Court against a suppression of evidence order issued by Judge John F. Cruikshank on August 18. In that same action in August, Cruikshank also ordered all KRL Partnership documents be returned to Womack within 10 days. As of the hearing yesterday, according to those close to the parties in the case, none of the papers taken from Womack pertaining to the KRL Partnership has yet been returned. Womack is one of two defendants, along with Mark Sherrill, facing charges of conspiring to commit a crime—in this case, the alleged illegal removal of a gas tank in May, 1998. Amador County District Attorney Todd Riebe submitted the writ with the State of California Third District Appellate Court in Sacramento requesting the state overturn Cruikshank's motion to suppress the KRL Partnership documents as evidence in the case. This gives the DA's office more time to keep the evidence taken last October. "I'm a little disturbed," Judge Cruikshank said in court on Tuesday." I figured Irey would have filed this before now." The judge said he had only received a copy of the writ on Monday. Judge Cruikshank yesterday moved the hearing date to Nov. 16 at 1:30 p.m. for hearing motions and setting a date for trial of the case of Robert Womack. Copyright © 1999 Amador Ledger Dispatch |
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