This is only a nuts and bolts diary for those interested in learning more about what actually happened at trial. I urge anyone who is interested in this case to read the briefs and look at the summary of facts and the legal issues. The Opening Brief is now posted online. I believe it is a fairly accurate summary of what I know to be the trial testimony.
The emotions around this case are very high and the facts and details are often lost. No investigative reporters were willing to pay the court reporters for the trial transcript in order to be able to accurately tell the public what happened at trial. I would say that most people will be surprised by some of the facts set forth in the brief that went unreported in the media.
Defense counsel has now filed their brief which, albeit will be subject to bias, is required to accurately summarize the trial transcripts. In 3 months or so, the Attorney General will file an Answering Brief with their summary of facts. In about 3 months after that defense counsel will file a Reply Brief.
It is also quite possible that defense counsel will file a Writ of Habeas Corpus arguing that there were additional facts and arguments that trial counsel failed to investigate or argue. The Court may order the Attorney General to respond to that Writ as well.
The Court will take a year after all the briefs are finished to set argument. There will likely be an oral argument in the Sixth District Court of Appeal in San Jose in 2019. The Sixth District is very hostile to defendant’s rights and rarely reverses convictions. Practically, I think there is little possibilty of a successful appeal.