Preliminary hearing is to determine only if the prosecution can supply evidence of all the elements of the offense charged. The Magistrate does NOT determine credibility; only the checklist of the elements of the offense.
Lawyers have different opinions on waiving the prelim. Some believe in a case like this, it is important for the testimony to be presented so that it can be preserved for impeachment at trial. Others believe it is just more negative publicity so they waive it...they're rarely won.
The arraignment is usually waived in most counties because it is just a reading of the charges, the entry of a plea and the setting of the date for the next court appearance, usually done on a form.
posted on 12/14/2011 4:09:45 AM PST
(Never practice moderation to excess.)
Your post is evidence of why I think this was just another stunt by Amendola. He knew well ahead of time that credibility isn’t determined at the prelim, but also knew there were be plenty of reporters for his little speech in Jerry’s defense. I find it hard to believe that they just decided to waive it the night before.
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