Deputy Jason Mackey gets another hearing about judge’s ruling on misleading and false statement
July 17, 2018
Jason Mackey, the embattled Nevada County sheriff's deputy whose statements were called false and misleading by a Superior Court judge, is expected to return next month to the witness stand.
Judge Robert Tice-Raskin on Monday scheduled an Aug. 17 hearing to examine whether Mackey, in fact, did make false statements in a search warrant that led to two marijuana-related arrests.
Assistant District Attorney Chris Walsh said that Mackey and Narcotics Task Force supervisor Justin Martin would testify at the hearing. It's also possible Walsh would testify.
Walsh has pushed for the judge to reconsider his "misleading and false" description, saying it would follow Mackey throughout his career.
The prosecutor added he's not asking the judge to overturn his May 1 ruling that scuttled Mackey's search warrant. He only wants the statement about the deputy's truthfulness set aside.
Walsh has stated in court documents that photographs taken during an investigation into the men show marijuana. However, those photographs weren't included in the search warrant. The judge ruled the photos included with the warrant showed no cannabis.
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"This is an extraordinary situation," Tice-Raskin said. "The court hasn't reached an ultimate conclusion about whether I have jurisdiction."
Stephen Munkelt, a defense attorney representing one of the men facing misdemeanor marijuana charges, argued the judge has no power to reconsider his May 1 ruling. Defense attorney Heather Burke, representing the other man, questioned why prosecutors deserved another hearing on the issue.
"This case has been going on for over two-and-a-half years," she said.
Tice-Raskin said he wanted to know why Walsh didn't discuss the photos during an initial hearing into Mackey that spanned several days. He also wants to know why Walsh waited until July 10 to file a motion on the issue.
Other questions the judge posed Walsh included when Mackey, the Sheriff's Office and the District Attorney's Office learned about the photos purportedly showing cannabis.
To contact Staff Writer Alan Riquelmy, email firstname.lastname@example.org or call 530-477-4239.