I am sorry to disturb you again for this issue. My friend was arrested two years ago as felony, and now faces a big challenge for the petition of factual innocence:
here is the whole story:
1. On 08-01-2017, my friend was arrested in California; he was taken to jail, got finger-prints and et.al. He spent one day there.
2. He went out of jail after paying the bond Co..
3. On the bail Receipt it says: 273.5(A) PC …Court: xxxxx. Felony Arr. Court date: 08-07-2017 13:30…
4. Then he hired a lawyer to handle this case. Several days later, the lawyer said, the case was not filed. So he did not have to show up in the court.
5. Several months later, the lawyer got the certificate of release for him. The certificate says according to Penal code section 851.6 (a) it was a detention, not an arrest. (b) his charges were released on 8-4-2017;
6. The prosecutor (or the supervisor of the police station or the detective; do not remember now), said that nobody will touch a finger on it, and said it is dying in their hands. (Heard from the lawyer).
7. Several weeks ago my friend did the petition of factual innocence ( Penal Code section 851.8) first to the authority department and then to the court with very strong evidence.
8. Several days ago, the DA sent my friend an “opposition to motion” correspondence. In the correspondence, DA did not mention any evidence or their opinion about the case itself, at all. They merely said the petition is too early and my friend has to wait for 3 years (two years has passed). And they cited the case of Bedrossian to support them. Here is the case link . (https://www.leagle.com/decision/incaco20180227034).
9. The court date is about 10 days later.
(1) As far as I understand, in the case of Bedrossian, Bedrossian seemed fail to provide extra evidence to prove his innocence and he mainly tried to do the petition because the DA did not sue him, am I right for this point?
(2). If I am right for question 1, would my friend ‘s case be a different one as he provided very strong evidence?
(3) Did anyone one know any similar but successful case we could cite in the court; (successful petition of actual before the statue of limitation expires) ? if you happen to such case(s), pls let me know ASAP as the court date is coming soon.
(4) We submitted strong evidence to the court to prove that My friend is not just innocent and he was the actual victim of demotic violence. Is there any legal provisions there we can use to talk about this?
(5) Is there any other arguments we could use to fight for his innocence in the court?
Thank you so much for your help in advance, any response count!
( FYI: he has a lawyer, but he still needs help here as this is a super challenge case).