Defending a PC 187 Murder Case at the Preliminary Hearing
Preliminary hearings, from the prosecutor's standpoint, aren't critical. But from the defense standpoint, they're essential, especially regarding a murder case under California Penal Code 187.
The prosecutors at the preliminary hearing have to establish a 'prima facie case,' which means they must present enough evidence for all the elements of a murder case (CALCRIM520) for the judge to hold the defendant to answer — and send the case to the trial court.
In doing so, they can put on minimal evidence, or they can put on a lot of evidence. It's up to them.
First Opportunity for Defense to Challenge the Evidence
The bottom line is this, from a defense standpoint, this is an opportunity to challenge the evidence. To lock witnesses into place and start developing your theory of the case at the preliminary hearing.
Anything that a witness testifies to at a preliminary hearing will be documented in the initial hearing transcript and, of course, is under penalty of perjury.
So, if in a future trial, that person tries to change their testimony on a particular issue, the preliminary hearing transcript in the murder case could be used to impeach them or attack their credibility and their testimony.
I always do it when somebody says something different than what they said at the preliminary hearing. You then ask them, didn't you testify at a preliminary hearing? Weren't you under oath at the time, just like you are now?
Then, you confront them with their statement and match that up against what they just told the jury on the witness stand under penalty of perjury. Now, you have the makings of attacking the prosecution's case, especially if the witness who is testifying is an important witness who is providing important testimony.
Negotiation with Prosecutor to Resolve Murder Case
Another critical angle of the preliminary hearing is its potential to significantly impact the prosecution's case. Sometimes, if you can show some weaknesses in the prosecution's case, or if you could show that their theory of what happened and how it happened is not entirely accurate, it can lead to a better offer to settle the case.
A lot of times, nowadays, in murder cases in Los Angeles, prosecutors won't even make offers on the case to settle it until after the preliminary hearing.
So, if you're going to have to do the preliminary hearing anyway, you obviously want to ensure that you do a good job.
This means being thorough, leaving no stone unturned, and if there's anything about the testimony and the witnesses that can help your client, you want to make sure that you emphasize that, highlight that.
Showing Contradictory Evidence at Preliminary Hearing
I will often do that when I do the preliminary hearing, and then there's a transcript that's created, and when I go to meet with the supervisors, who are senior prosecutors responsible for overseeing cases, if I'm trying to resolve the case.
I can show the supervisors the contradictory evidence through the preliminary hearing because you'll have the police report and the testimony from the initial hearing.
When you can show both of those, and there are vital contradictions that relate to materially necessary evidence, you can make some solid arguments on your client's behalf.
So, the bottom line is that preliminary hearings in Los Angeles County, as it relates to murder cases, are crucial from my perspective, having defended hundreds of murder cases over the last 26 years.
I've worked for the prosecutor's office. I've worked for a Superior Court Judge. Since 1994, I have been a criminal defense attorney defending people charged with murder and have had a lot of success using the preliminary hearing as a vehicle to get what we want or to damage the prosecution's case at a potential trial.
Hedding Law Firm is a criminal defense law firm in Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact our office for a free case evaluation at (213) 542-0979.
