The sentencing of Urdiaes by the Judge was postponed until October 5, 2018.
The reason was the defense wants time to prepare a motion for a new trial. The Judge granted the request, it is part of the legal game. The defense will submit their motion to the prosecutor for rebuttal, then both motion and rebuttal will be reviewed by the Judge.
The Judge can overrule, not grant, a new trial. Or, the Judge can agree with the defense, order a new trial. Then we are back to square one, years more of preparing for, and conducting a new trial.
The Legislature has passed, and Gov Brown signed, legislation that allows the defense to claim that the criminal suffers from some emotional or physical illness that caused the crime(s). If the Judge agrees, the criminal is committed to a rehab process, up to two years. If the therapists or doctors in the rehab program agree that the criminal is now “cured” of their problem, the criminal is set free…no trial, just shoo them out the courtroom door.
The prosecutor has no part, no say so, in this new process, regardless of the crime or the viciousness of the crimes(s).
I suspect Urdiales’ defense will use this “my illness made me do it” excuse. They will claim that their primary defense tactic of FAS & FASD – Fetal Alcohol Syndrome & Fetal Alcohol Spectrum Disorders – was not properly considered.
This new pro-criminal legislation will become a boondoggle for trial lawyers, liberal pro-criminal organizations, the ACLU and far left academics.
Regardless, the defense will offer an array of excuses why Urdiales had an unfair trial.