Thursday, January 23, 2014

Joshua Woodward Ordered to Stand Trial on 4 Counts of Attempted Murder of a Fetus

Joshua Woodward at a previous court hearing.

UPDATE 4:45 PM
January 23, 2014

A few moments ago, Judge Michael Pastor ruled that the prosecution has met their burden for Joshua Woodward to stand trial on all four counts of attempted murder of a fetus. His arraignment on those charges is scheduled for February 6 in Dept. 111.

I will have a detailed report of the proceedings later tonight.

4:45 PM
After arguments from both sides on a defense motion to dismiss the case, Judge Pastor ruled as follows:

"The court is aware of it's duty ... to establish probable cause. The court does not have to find if the defendant is guilty. ... The court only has to find probable cause. ... I've done so. ... Based on the evidence presented, ... the people have met their burden on counts one through four. ... [They have] met their burden to establish each one of these instances: That the target was a fetus. That he had an intended specific intent to kill."

The court did not find, (as the defense argued in court that for the first count -Jamba Juice incident- the defendant must know the fetal age was beyond the embryonic stage) that the defendant must have known at the time of the attempt the fetus age.  "However, if required [by law], I'm satisfied the defendant knew the development ... of the fetal age."

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