Posted on | November 2, 2012 |
All bets are off on whether the Riverside County Superior Court trial of Hendrix ?Az? Montecastro and his mother, Helen Pedrino, who are defending themselves in a $142 million real estate and securities fraud case, will take three-months.
Even as Superior Court Judge Jeffrey Prevost on Friday began the process of questioning potential jurors about their availability to serve through Feb. 1, 2013, the staccato of pre-trial motions to dismiss the case over ?due process? violations continued to be framed by Montecastro.
Hendrix Montecastro
Prevost has given Montecastro considerable latitude and time over the past few days to frame repetitive statements and read entire passages from court transcripts or exhibits in an attempt to get the judge to dismiss the case.
On Friday, Montecastro repeated the claim of a misstep in a prior proceeding, saying a lawyer who was not his attorney of record at the time had questioned his competency to stand trial. At one point, when Montecastro strayed into an area that led one to believe the court had a doubt to his competency and did not follow proper procedure to address it, Prevost stopped him. He said the record reflects the presiding judge did suspend the proceedings and did order a competency exam. ?It?s my understanding you were found competent to withstand trial,? Prevost said and asked, ?Isn?t that correct??
Montecastro paused for several seconds. He told the judge that he?d interrupted his train of thought. Prevost pressed for an answer, saying ?Would you answer ? yes or no?? A few seconds later, Montecastro replied: ?Two forensic psychologists qualified me as competent.? ?And that was certified by the court?? the judge asked. ?I believe so,? Montecastro said.
Appearing shaken by the line of questioning, Montecastro began to flip through pages in a binder. He spoke of a tribunal; then, paused. Prevost waited a few moments; and put the court in recess. Toward the end of the day, when the motion was re-addressed, Montecastro told the judge: ?I am not OK with the violation of due process? but ?I am OK with being of sound mind, wellness and health.?
Prevost carried the motion over to Tuesday. Roughly 16 potential jurors, who had been out of the room when the motion to dismiss was framed, were asked to return to court on Thursday, Nov. 8.
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