by Antoinnette Borbon
It was a very long day and a half with the jury selection process in Department 2, Judge Timothy Fall’s courtroom.
James Mings has been charged with the killing of a chronically ill man. Kevin Seery, 42 years old, was found face down with what was later identified as a piece of a sock, gauze and a toilette stuffed inside his mouth.
Deputy Public Defender Dan Hutchinson, representing the defendant, proposed a questionnaire for potential jurors but it was denied. In retrospect, it may have been wiser to allow a questionnaire for potential jurors.
Defense asked potential jurors how they felt about the subject of suicide, assisted suicide and if they had experienced losing a loved one by this means.
Mr. Hutchinson geared more intimate inquiries into the religious, moral, philosophical and legal views. It proved to be quite emotional for some, but Mr. Hutchinson handled their reactions graciously.
Deputy District Attorney Martha Holzapfel’s questions related more to the laws and her accountability, how high a standard the jurors would hold her to. She asked potential jurors if they understood it was not like the movies when solving a crime.
Once the 12 jurors with 3 alternates had been sworn in, Ms. Holzapfel began her opening statement. It was short and to the point.
She recited how the defendant met Kevin Seery only a couple weeks before taking his life. She explained how Mr. Mings choked him from behind, breaking Mr. Seery’s neck, crushing his windpipe and stuffing items inside his mouth, including a piece of a sock, gauze and a toilette, then going to sleep.
Ms. Holzapfel stated Mr. Mings waited until the next morning to call 911 to report his death. She talked briefly about what he had told the police in an interview. Ms. Holzapfel’s opening was surprisingly short.
Deputy Public Defender Hutchinson declined to give an opening.
Prosecution went right into calling the state’s first witness. Testimony will be put in the follow-up article on Friday. Trial resumes at 9 am.
James Mings has pled “not guilty” in the murder of Davis resident Kevin Gerard Seery, a 42-year-old man suffering from pancreatitis and several other illnesses. Mr. Mings claimed that Mr. Seery had wanted to die and asked Mr. Mings to kill him.
Mr. Mings and his friend were the first individuals to report the death of Mr. Seery on the eve of October 6, 2011. Mr. Mings has been in custody since his arrest in 2011.
Unfortunately, the case has seen great delays since its introduction in February. When Deputy District Attorney Martha Holzapfel fell ill, the district attorney’s office asked for a continuance.
Public Defender Dan Hutchinson would object to the continuance, arguing the lack of good cause.
Judge Richardson, mindful of the jurors’ desire to move the case along, made the decision to deny the request for the continuance. This led to Assistant Chief Deputy District Attorney Michael Cabral objecting, arguing that Mr. Gorman’s offer to get the trial started was done in good faith and the judge’s decision put their office at a disadvantage.
Mr. Hutchison would then move for dismissal, along with a release of Mr. Mings from custody in the Yolo County Jail, if the charges were not refiled by that Monday
The case was dismissed over the objections of the district attorney’s office, even after the jury had been selected and the trial was ready to begin. The DA’s office re-filed charges in the case on March 4.
On Tuesday, a deputy coroner would testify, identifying evidence that was contained in the autopsy report which indicated that the victim, Mr. Seery, had fractured neck bones and had pieces of cloth and gauze stuffed in his throat, and died of asphyxiation.
Again, Mr. Mings has been in custody since his arrest in 2011. As stated, it was he and his friend who first reported the death to the police on the eve of October 6, 2011.
