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Nutting trial set

By From page A1 | December 11, 2013

After a short conference with the attorneys in the case involving Supervisor Ray Nutting, visiting Judge Timothy Buckley set the start date for his trial as Feb. 4.

The trial is expected to last three weeks with a jury drawn from a pool of approximately 300 people.

A pretrial conference was also set for Jan. 10.

Last month, Nutting announced that the California State Court of Appeals Third Appellate District had accepted his appeal to review the case. The basis of the review included issues of misinstruction of the Grand Jury regarding the perjury charge; the deputy attorney general’s misinterpretation of a penal code, leading to Nutting being overcharged; and the district attorney and DAG’s giving the presiding judge incorrect information regarding the source of the grant in question, causing a motion to dismiss a count to be improperly denied.

On Nov. 21, the Court of Appeals announced its denial of Nutting’s appeal.

However, at Friday’s hearing, Nutting’s attorney, David Weiner, said that on Dec. 2 they filed a writ to the California Supreme Court challenging the ruling issued by the Court of Appeals. Weiner said the appeal was based on the same arguments made to the Third Appellate District.

The case could change depending on how the state Supreme Court rules, said Weiner.

Nutting has been charged by both the District Attorney’s Office and a Grand Jury with filing false documents, failure to disclose income and having a financial interest in a county contract regarding grants to clear land for fire safety.

Dawn Hodson

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