Los Santos, San Andreas – Murdank & Ass., LLP publicly announces the results of some of the criminal cases they have recently represented. These cases include 2022-CM-297, 2022-CM-305, and 2022-CM-312.
Both 2022-CM 297 and 2022-CM-312 saw Murdank & Ass., LLP represent Brian Fantana. 2022-CM-297 began on October 4th with 2022-CM-281 when officers accused Brian Fantana of (1) count of Aiding & Abetting, (7) counts of Class 1 Drug Possession with Intent to Distribute and (53) counts of Possession of Counterfeit Bills. Brian Fantana pled not guilty to the charges.
Blaine Fantana was also apprehended from the scene and was charged with (1) count of Unlawful Possession of a Class 1 Firearm, (1) count of Class 1 Drug Possession with Intent to Distribute, and (1) count of Possession of Counterfeit Bills. However, he pled guilty to his charges and received punishment.
Murdank & Ass., LLP initially filed a motion to Dismiss with Prejudice in 2022-CM-281 due to a lack of indication for probable cause for any arrest or charging of Mr. Fantana. The defense filed a motion to Subpoena various individuals in case the matter was not dismissed with prejudice. A request for bail money to be returned was also submitted but was denied due to Fantana violating bail conditions.
On October 12th, it was determined that a Search and Seizure warrant for Fantana’s properties and vehicle had been denied by Judge Hector Cortez due to a lack of Probable Clause. The case was dismissed with prejudice by Judge Nigel Barrington.
On October 13th, Prosecutor Casey Ogden filed a general appeal against Judge Nigel Barrington’s decision, stating that it had been made in error. The Supreme Court of San Andreas later, on October 21st, overturned Judge Barrington’s decision as it was determined that all facts had not been properly reviewed and understood by the lower court. The case was re-filed as 2022-CM-297 publicly on October 22th. The case was dismissed and the docket closed sometime after all affidavits were produced by those requested.
Murdank & Ass., LLP state that 2022-CM-312 was placed under seal “as the violations involved a breach of Mr. Fantana’s right to privacy.” The violation led to a change in residency for Brian Fantana.
In 2022-CM-305, Murdank & Ass., LLP Robert Lawson pled guilty to Aiding and Abetting Drug Manufacturing, but not to brandishing after he was discovered at the scene of a large-scale drug bust on a cocaine processing facility in Vinewood. He was later released on bail.
On November 2nd, Murdank & Ass., LLP moved for the subpoena of a multitude of eyewitnesses. A revision would later be made to the witness list and the court would go into scheduling on November 12th, 2022.
A personal emergency led one eyewitness, Sergeant Kenny Kettle, to request the release of his subpoena. Mr. Lawson moved for an Objection to Release of Subpoena. A trial was scheduled for November 19th, but multiple witnesses did not appear, causing further delay. A 7-day continuance of the docket was given on November 22nd, with Sgt. Kettle is still required to attend the trial as an eyewitness, amongst many others. On November 29th, Murdank & Ass., LLP moved to dismiss the case with prejudice, as The Speedy Trial Act (STA) window had objectively lapsed.
However, Judge Nigel Barrington later declared a mistrial for 2022-CM-305 due to “the initial STA violation and many violations throughout the duration of this case.”
Murdank & Ass., LLP is aiming to appeal the decision in 2022-AC-100 on the basis that the case should have been dismissed and not declared a mistrial. The general appeal remains pending due to both the holidays and the change in justices presiding over the case as some have resigned from the judiciary altogether.
Stay tuned with Weazel News as this story continues to develop.