This is part 2 of 2 on the hearing for the Defense' Motion to Dismiss and based on the Prosecutors misconduct in delaying the case, Judge Watanabe ruled that the case be "Dismissed With Prejudice"
"That delay was caused by the prosecutor telling the doctor to ignore half a court order"
"I can't think of anything more egregious in terms of delaying a case than (Prosecutor Marc Guyot) going behind a court order and telling someone not to follow it. That caused the delay. The 704 proceedings did not cause the delay", Hempey said.
According to court records, the original date of arrest was March 5, 2006 and calculating the time from arrest to the time of this hearing has been 583 days or 1 year, 7 months, 4 days.
583 days can be converted to one of these units: 50,371,200 seconds or 839,520 minutes or 13,992 hours.
"Given the circumstances which contributed to the delay by the prosecutor's office — the delay in submitting the order for court but moreso the delays caused by interference of a court order — the court's granting the dismissal with prejudice, Mr. Pinkerton, you are hereby discharged, these charges cannot be brought against you again", Watanabe said.
