Monday, September 20, 2010

2nd Cole trial slated to start tomorrow

by Tom Nadeau

The re-trial of suspected killer Todd Allen Cole Jr. is expected to open Tuesday, with a final pre-trial hearing set for 1:30 p.m. today before Yuba County Superior Court Judge Kathleen O’Connor.

Cole is accused of stabbing Scott Malmstrom to death in July 2009 in the victim’s apartment in the 1400 block of North Beale Road, East Linda.

Bloody fingerprints ...

Investigators reported Malmstrom being stabbed 17 times. The wounds included a slashed carotid artery.

Cole's fingerprints and footprints were found in Malmstrom's blood, according to testimony in earlier proceedings.

A mistrial was declared in the first proceedings in People v. Cole, #09-469, after the jury announced it was deadlocked and unable to reach a unanimous verdict.

News outlets reported at the time that the jury has hung, 10-2, with most favoring a guilty verdict.

The jury could have found Cole innocent; or guilty of either voluntary manslaughter, or murder in the second degree.

Deputy District Attorney John Vacek led the prosecution. Cole was represented by Deputy Public Defender Brian Davis.

They will meet in court at 1:30 p.m. for a trial readiness conference and any in limine motions will be heard and considered today.

In limine is Latin for “at the threshold." Before a trial starts, attorneys ask the judge to allow the jury to see or hear certain evidence or testimony deemed favorable to their sides. The judge decides, yea or nay.


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