No ruling was issued this Friday morning on a , who appeared in court shackled and in jail garb accompanied by attorneys.
Santa Clara County Superior Court Judge David Cena set the case's next hearing for 8:30 a.m., Feb. 10 to possibly consider then a
At that time, too, it's probable that Santa Clara County District Attorney Jeff Rosen will give a status on a response to the retrial motion, which alleges ineffective counsel during the October 2010 high-profile trial.
Rosen has said he would also oppose criminal attorney Edward Sousa's 92-page retrial motion for Garcia, found guilty of first-degree murder by a jury in October of 2010 in connection with the killing of well-known Rosen said he will file his opposition in about a month, after he reviews Robertson's response to the retrial motion.
Achilli sold the now-closed 180 Restaurant & Lounge and to Garcia. Prosecutors say Garcia ordered Achilli killed after he became enraged when a woman bartender they had both dated chose Achilli over him.
Shooter Lucio Estrada was tried along with Garcia and middleman Miguel Chaidez. Estrada was convicted of first-degree murder and was sentenced to life in prison without the possibility of parole. Chaidez was also convicted of first-degree murder and sentenced to 25 years to life in prison. Garcia's sentencing, however, has been in limbo for more than a year.
Prior to Cena setting the new court date, he called all parties involved into his chambers, including Garcia. That private meeting lasted about 30 minutes.
When the hearing finally began shortly after 9 a.m., Cena explained the discussion in chambers was about the motion by the defense to establish and settle the record that needed to be completed.
Cena asked the attorneys if they wanted those documents sealed and they both answered in the negative.
Cena said the parties had also discussed briefly the case's status with Sousa indicating progress being made regarding digital video footage from the 180 Restaurant & Lounge and Mountain Charley's Saloon, which he said was seized by the on April 4, 2008.
The judge said he hoped he could review the contents of the footage by Feb. 10.
Rosen said Friday he's waiting for Robertson to file his declaration to the retrial motion so he can then present his response, which is almost complete.
Rosen said Robertson needs to review the trial transcript, which he's trying to get for him.
"The wheels of justice turn slowly," Rosen said when asked about the delays in sentencing Garcia. "We're doing everything we can to make sure the conviction will stand on appeal, which we absolutely believe it will."
Rosen said he hoped Robertson will have his declaration ready by the end of the month.
About the video footage, Rosen said he doesn't believe there's anything in the materials. He said he was working with the defense and the Silicon Valley Regional Computer Forensics Laboratory to allow inspection of the footage.
But technical problems are impeding the defense's ability to review the footage, which has already been reviewed by the Los Gatos-Monte Sereno Police Department.
"There's nothing of evidence or value on that tape, in our opinion," Rosen said.