Court Dismisses Lying in wait Special Circumstances

June 16th, 2017


In a blistering decision today, the Superior Court dismissed the “lying in wait” special circumstances in their ruling on the Penal Code 995 Motion.

In a brilliantly worded decision, the court stated that the homicide evidence was scant, and that there was no evidence of first degree murder – so that issue is no longer before the court.

It should be recalled that the District Attorney re-charged the “lying in wait” special circumstances when it was dismissed by Judge Zuniga after the preliminary hearing.

Bottom Line – This court is not impressed with the District Attorney Birgit Fladager murder case.