Thursday, February 1, 2018

Lauri Peterson’s Son Josh Waring Seeks Dismissal Of Attempted Murder Charges!

L.A. Times reports that Josh Waring's defense attorney is asking an Orange County Superior Court judge to dismiss attempted-murder charges against the son of former Real Housewives of Orange County star Lauri Peterson, citing "outrageous government conduct" in the monitoring and sharing of Waring's jail communications.

Waring is facing three counts of attempted murder and other felony and misdemeanor charges. He could face multiple life sentences if convicted.

Waring's attorney, Joel Garson, filed a motion Monday alleging that law enforcement inappropriately monitored and recorded Waring's telephone calls in Orange County Jail while he was representing himself in the case. He wrote that Waring discussed confidential trial strategy during the calls.

Information gathered from the calls was provided to prosecutors, Garson said. Garson alleges Waring was being recorded from June 25, 2016, to at least Feb. 8, 2017. Waring was representing himself for about a month in 2016, according to the motion via L.A. Times.

The recordings were done "in direct violation of a Superior Court order" that granted Waring "unmonitored collect phone calls," Garson said in the motion.

"These actions by the prosecution team constitute outrageous government conduct," Garson wrote. Garson said he discovered the recordings on Friday when he received a 41-page report dated June 16, 2017, written by Costa Mesa Police Department investigator George Maridakis.

According to the report, Maridakis requested and was granted permission by the jail to receive copies of Waring's jail mail and recordings of his phone calls, Garson said. The Police Department then provided the information to the Orange County district attorney's office, Garson said.

Maridakis' report is sealed and is not available for public review.

Garson noted in his motion that Senior Deputy District Attorney Cynthia Nichols did not authorize the recordings and put an end to the copying once she took over the case in February 2017 from now-retired Deputy District Attorney Aleta Bryant.

On Monday, Nichols asked for time to review the recordings to determine whether law enforcement gathered information inappropriately. Judge Jonathan Fish gave her until Feb. 13, reports L.A. Times.

Jury selection in Waring's trial had been expected to begin Monday but likely will not start until Feb. 15.
Fish called the situation a "thorny and complicated legal issue."

"This is a very important issue that needs to be researched and considered by the court," he said.

As previously reported, Waring was arrested on suspicion of attempted murder last year in a shooting that took place in Costa Mesa back in June 20, 2016. He was accused of shooting a 35-year-old, Daniel Lopez outside a sober living home.

According to reports, Waring got into a confrontation earlier that day with one of the residents. He then returned to the home and shot Lopez, who was taken to the hospital with serious injuries. Miraculously, Lopez survived.

Waring allegedly fled the scene in a stolen BMW SUV before police arrived to the home. Eventually he surrendered after a short standoff with authorities.

Photo Credit: Google Images

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