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  1. #11
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    Calif. inmate could face charges for Father's Day jail altercation

    Already facing three murder counts, the death penalty and a host of other felony allegations, Joshua Packer could face additional charges for a recent jail altercation with sheriff's deputies, authorities said Tuesday.

    The Ventura man barricaded himself in his cell Sunday afternoon after not being allowed to phone his dad on Father's Day, sheriff's Capt.MikeArandasaid. Aranda said Packer had lost his phone privileges because of previous behavior. Packer is accused of killing Brock and Davina Husted and her fetus at the couple's Faria Beach home in 2009. Prosecutors are seeking the death penalty in that case.

    Deputies had to remove the 21-year-old suspect from his cell Sunday because they could not see what was going on inside, and he became combative to the point that medical staff had to sedate him, Aranda said. Packer suffered some self-inflicted injuries while thrashing around, Aranda said.

    The medicine did not take full effect, however, and Packer started fighting with deputies while being transferred to another cell, Aranda said.

    He suffered some facial injuries including a black eye, and several deputies suffered injuries including abrasions, Aranda said, adding that Packer probably will be charged with assaulting the deputies.

    The deputies were treated and released.

    Aranda said such incidents involving jail inmates are not uncommon, but they don't happen on a daily basis.

    Packer was put on a special watch at the jail to prevent him from hurting himself in April 2010, officials said.

    Packer appeared Tuesday in Ventura County Superior Court for sentencing on charges of felony dissuading a witness and misdemeanor hit-and-run in a 2009 traffic incident. The sentencing was postponed to July 13, court records show.

    Packer's trial on a felony assault charge stemming from a separate 2009 incident at Ventura County Medical Center was set to begin this week with jury selection.

    http://www.correctionsone.com/news/3...l-altercation/

  2. #12
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    Joshua Packer convicted of battery in VCMC altercation

    A jury this week convicted Joshua Packer of misdemeanor battery for a 2009 altercation with security guards at Ventura County Medical Center but deadlocked on a felony assault charge.

    Jurors returned the guilty verdict Monday afternoon in Ventura County Superior Court. Packer, 21, of Ventura is scheduled to be sentenced Friday.

    Packer also is accused of killing Brock and Davina Husted and her fetus at their Faria Beach home in 2009. He is facing three counts of murder and the death penalty in that case, scheduled to go to trial Sept. 12. Packer has pleaded not guilty, court records show.

    Packer's conviction for the hospital altercation is his second since his 2010 arrest in the unrelated homicide case. Prosecutors alleged Packer was involved in an altercation with security guards while he was a patient at the Ventura hospital.

    He was convicted in April of felony dissuading a witness, misdemeanor battery and hit and run. The charges stemmed from a 2009 hit-and-run crash. He is scheduled to be sentenced in that case on July 13.

    Packer also could face charges for a recent altercation with sheriff's deputies in Ventura County jail, officials said.

    Read more: http://www.vcstar.com/news/2011/jun/...#ixzz1Qark1Iuz
    - vcstar.com

  3. #13
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    Joshua Packer will not be restrained during his assault trial

    The judge denied a request by the prosecution Thursday to have Joshua Graham Packer restrained to his chair during his trial this week for assaulting a hospital security guard in 2009.

    Packer, who turned 22 on Wednesday, is also a defendant in a more serious and unrelated crime. He is charged with the 2009 murder of Brock and Davina Husted and her unborn child at their Faria Beach home.

    The Ventura County District Attorney's Office, which is seeking the death penalty in the triple murder case, said Packer should be restrained during the assault trial because of courtroom safety and security concerns. Jury selection in the assault trial began Thursday afternoon.

    Packer was convicted in June of misdemeanor battery for the 2009 altercation with a security guard at Ventura County Medical Hospital, but jurors deadlocked on the felony assault charge involving another security guard during the same incident. Packer is being retried on that case now, on charges of assault with force likely to produce great bodily injury.

    During the pretrial hearing Thursday, prosecutor Anthony Sabo told Ventura County Superior Court Judge Kent Kellegrew that Packer had been involved in 25 different incidents in jail involving violent behavior or attempted manipulation or deception.

    Sabo said Packer who has "cartoon-like strength" has run around inside the jail hitting his head, beating the walls with his fists and kicking the doors with his feet. Sabo said officers have used a Taser on Packer on two occasions, and during one occasion he was tased twice before he complied.

    Sabo said the restraints wouldn't be invisible to jurors during the trial.

    Packer's lawyer, Benjamin Maserang, noted Packer has been in two trials in April and June of this year without any problems, including one trial where there were two power outages. He said if the judge ordered restraints, he would ask for an evidentiary hearing.

    On Wednesday, a very pale Packer told Judge Kellegrew he didn't want to be in court to listen to the pretrial legal motions filed by both sides, including Sabo's motion to have him restrained in a chair. Packer, however, said he did want to be present during jury selection on the assault charge. The hearing was continued to Thursday.

    Maserang told Kellegrew that Judge Patricia Murphy, who presided in Packer's trial in June, rejected a request to have Packer restrained in that case. Maserang said Murphy read all the jail reports on Packer before denying the prosecution's request to restrain him.

    Maserang maintains the district attorney wants to use previous convictions to build his murder case against Packer so prosecutors can strengthen their argument for the death penalty.

    During Thursday's pretrial hearing, Kellegrew agreed to allow Maserang to call to the stand Matt Harvill, the district attorney's lead investigator in this case and supervisor of the Major Crimes Unit investigators. Maserang said he wants to ask Harvill about Senior Deputy District Attorney Michael Frawley's comment that he will be able to use Packer's previous convictions to assist him in the punishment phase of the murder case, assuming there are guilty verdicts.

    Kellegrew said he will allow "some degree of exploration" in questioning Harvill.

    He added he will tell jurors that Packer has other matters pending in court, which are "some of the most serious that we handle in this building."

    Sabo told the judge he had no intention of calling Harvill to testify, arguing there is no reason for Maserang to put him on the stand to comment about Packer's murder case.

    Sabo said Harvill has no ulterior motive or reason to please anyone in the District Attorney's Office or "alter his opinions and statements" made in the assault case.

    In April, Packer was found guilty of two misdemeanors and a felony for dissuading a witness related to a vehicle crash in December 2009, seven months after the Husted murders.

    Packer crashed into a parked car and prevented the victim from calling the police, according to court testimony.

    Read more: http://www.vcstar.com/news/2011/sep/...#ixzz1YjRvqByF
    - vcstar.com

  4. #14
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    Packer found guilty in hospital assault case

    A jury Monday found Joshua Graham Packer guilty of assault with force likely to produce great bodily injury in connection with a 2009 incident involving a female security guard at Ventura County Medical Center, said prosecutor Anthony Sabo.

    The judge set sentencing on the felony assault for Nov. 22.

    In June, another jury convicted Packer of misdemeanor battery involving a male security guard during the incident. Jurors deadlocked on the felony assault charge involving the female guard at that time. That led to a retrial.

    Packer was in the hospital for a brief stay after a motorcycle accident, Sabo said.

    Packer, 22, is awaiting trial on a more serious and unrelated charge, the killings of Brock and Davina Husted and her unborn child at their Faria Beach home. The district attorney is seeking the death penalty.

    In April, Packer was found guilty of two misdemeanors and a felony for dissuading a witness related to a vehicle crash in December 2009, seven months after the Husted deaths.

    Packer crashed into a parked car and prevented the victim from calling the police, according to court testimony.

    Packer's misdemeanor and felony convictions could be used against him at the murder trial if he testifies and possibly during a punishment phase if Packer is convicted, Sabo said.

    .

    Packer's lawyer, Benjamin Maserang, who works at the Public Defender's Office, didn't return calls seeking comment.

    Read more: http://www.vcstar.com/news/2011/oct/...#ixzz1ZlK3Qqj6
    - vcstar.com

  5. #15
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    I rarely come across a court order at the trial level.

    PACKER v. SUPERIOR COURT OF VENTURA COUNTY

    Joshua Graham Packer seeks extraordinary writ relief from the trial court's order denying his Penal Code section 9951 motion to dismiss the indictment charging him with three counts of first degree murder (§ 187) and other offenses. The prosecution is seeking the death penalty. (§ 190.2, subd. (a)(3).) Packer contends the indictment must be set aside on the ground of grand juror bias. He asserts that our Supreme Court's pronouncement that such claims are not cognizable (People v. Kempley (1928) 205 Cal. 441, 446-448 (Kempley)) is no longer controlling because intervening authority suggests he has a due process right to an unbiased grand jury. We need not decide whether we are bound to follow Kempley because we agree with the trial court's conclusion that Packer fails to demonstrate the bias of which he complains. Accordingly, we shall deny the petition.

  6. #16
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    Court rejects Joshua Packer appeal in Husted murder case

    A court this week rejected an appeal from Joshua Graham Packer, who is accused of killing a Faria Beach couple in 2009, according to prosecutors.

    Packer's lawyers argued his indictment was tainted because of grand juror bias, denying him due process. One of the 17 grand jurors was an employee of the Ventura County Sheriff's Department, which conducted the investigation against Packer.

    Prosecutors extensively questioned the juror to make sure she didn't possess a mindset or information that would leave her biased against Packer, according to Special Assistant District Attorney Michael Schwartz.

    Initially, the Court of Appeal, Second Appellate District, Division 6 in Ventura refused to hear the case after a motion by the defense to dismiss the indictment was rejected by Superior Court Judge Charles Campbell.

    In June, six California Supreme Court justices ordered the Court of Appeal to have the Superior Court show why the dismissal should not be granted. The defense may decide to petition the state Supreme Court to review the matter, Schwartz said.

    Packer, 21, of Ventura is accused of slaying Brock and Davina Husted and her fetus. On May 20, 2009, Packer allegedly entered the family's house in a gated community in Faria Beach wielding a firearm and demanding money.

    Packer was arrested a year later. His DNA was found on the visor of a motorcycle helmet discovered under Brock Husted's body and under the victim's fingernails, according to court documents.

    The district attorney is seeking the death penalty. Packer has pleaded not guilty.

    Packer is charged with three counts of first-degree murder and other felonies, including robbery, burglary and the special circumstances of committing multiple murders and committing them during a robbery and burglary.

    Read more: http://www.vcstar.com/news/2011/nov/...#ixzz1f94S2Klc
    - vcstar.com

  7. #17
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    Joshua Packer accused of sexual assault in Faria Beach killings of Husteds

    A Ventura County grand jury has indicted Joshua Graham Packer on charges of forcible oral copulation in connection with the Faria Beach killings of a couple and their fetus in 2009, according to the District Attorney's Office.

    The district attorney issued a news release Monday saying a grand jury last week indicted Packer, of Ventura, of using a knife and forcing Davina Husted to have oral sex with him the night she was killed, according to the recent indictment.

    Packer, 22, is charged with a new special circumstance that the killing of Husted was committed while Packer was engaged in the commission of forced oral copulation.

    Packer appeared in court Monday on the most recent indictment. He asked to postpone his arraignment until May 16. A motion by the district attorney to consolidate the most recent indictment with the 2010 indictment of Packer in the slayings also will be heard that day.

    Husted; her husband, Brock Husted; and the fetus were stabbed to death on May 20, 2009, at their beach house north of Ventura, officials have said. Packer was arrested April 11, 2010.

    Packer is facing the death penalty. A jury also can sentence him to life in prison without the possibility of parole.

    He has pleaded not guilty to the killings.

    Chief Deputy District Attorney Michael Frawley declined to comment Monday because it is a pending capital murder case.

    Packer's lawyer, Benjamin Maserang of the Public Defender's Office, had no comment.

    A source told The Star new evidence stems from an ongoing investigation of the case. Recent DNA tests linked Packer to Davina Husted, the source said.

    Packer's DNA also was found on the visor of a motorcycle helmet discovered under Brock Husted's body and under his fingernails.

    Packer's arrest came after DNA collected following an arrest in Santa Barbara was matched to DNA from the Husted crime scene.

    An autopsy report says the Husteds, both 42, died from multiple stab wounds. Davina Husted had been stabbed 30 times, and Brock Husted more than 20 times.

    Court records show that the killer entered the home through sliding doors facing the beach and demanded money and jewelry.

    Packer was indicted on murder charges in July 2010. He also was charged with one count of burglary and two counts of robbery, which were committed with a knife.

    Packer also is charged with using a knife to kill the victims.

    Special circumstances in the July 2010 indictment say the killings were committed in the course of a burglary, robberies and that the crimes involved the commission of multiple killings.

    In December, Packer received a two-year sentence for assault stemming from a Nov. 7, 2009, incident at Ventura County Medical Center.

    After a separate trial involving another attack at the hospital on the same day, Packer was sentenced to 180 days, which will be served concurrently with the two-year sentence.

    In a Dec. 11, 2009, incident involving a collision, Packer was convicted of intimidating a witness, leaving the scene of an accident and battery. He received eight months in jail, according to court records.

    Read more: http://www.vcstar.com/news/2012/may/...#ixzz1uGuiqwZA
    - vcstar.com
    A uninformed opponent is a dangerous opponent.

  8. #18
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    Trial for Faria Beach killings set to start in August



    There was more legal housekeeping in the Joshua Graham Packer case Friday as the murder case heads to an August trial that could last months.

    Packer is accused of fatally stabbing Brock and Davina Husted and killing their fetus on May 20, 2009, at the couple's Faria Beach home north of Ventura.

    Packer, 22, of Ventura, is facing the death penalty. A jury also can sentence him to life in prison without the possibility of parole.

    Packer has pleaded not guilty to all the charges.

    Outside the courtroom, Chief Deputy District Attorney Michael Frawley said the case is set for trial on Aug. 6. He expects it to begin on that date and last three or four months.

    Packer's defense attorneys, so far, haven't given the district attorney the names of witnesses they'll put on the stand, which is required, Frawley said. He said it appears that only prosecution witnesses will testify at the trial. He said the prosecution's only expert witnesses will testify about DNA evidence.

    Packer's lawyer Benjamin Maserang declined to comment as he left the courtroom.

    If Packer is found guilty, the jury will go into the punishment phase of the capital murder trial. Frawley explained how the punishment phase works.

    "The jury is asked to make a finding whether they find death or life in prison the more appropriate punishment," he said.

    Frawley said prosecutors can present evidence of Packer's criminal past and must prove these crimes to jurors beyond a reasonable doubt during the punishment phase.

    "We have filed several motions which outlined numerous acts of violence that the defendant has perpetrated, and we intend to present those," Frawley said.

    Ventura County Superior Court Judge Patricia Murphy ordered Friday that Maserang be able to get Grand Jury transcripts on the selection of the jurors for a second indictment issued in May. The judge said Maserang needs to review the transcripts to challenge the Grand Jury selection.

    Maserang's legal motion challenging the second indictment was rejected by the judge.

    Earlier this month, Murphy also ruled that a July 2010 indictment and the May indictment can be consolidated.

    In the 2010 indictment, Packer is charged with three counts of murder and the special allegations that he committed burglary and robbery during the killings and that he committed multiple killings. The indictment filed last month charges that Packer committed forced oral copulation against Davina Husted.

    Read more: http://www.vcstar.com/news/2012/jun/...#ixzz1xxZ1iQe7
    - vcstar.com
    A uninformed opponent is a dangerous opponent.

  9. #19
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    Judge denies defense motion Ventura murder case

    A judge has denied a defense motion to throw out the indictment of a man facing trial for the stabbing deaths of a couple and their unborn child in their Ventura County beach house.

    An attorney for 22-year-old Joshua Graham Packer tells the Ventura County Star (http://bit.ly/MUdY0X ) he will likely appeal Friday's decision.

    The capital murder trial is set to begin next month, but Superior Court Judge Patricia Murphy said she will consider a separate defense motion to postpone the trial.

    Packer is facing a death penalty trial for killing Brock and Davina Husted and their unborn child inside their Faria Beach home on May 20, 2009.

    A sexual assault count was added in May. Prosecutors say Packer used a knife to force a pregnant Davina Husted to have oral sex with him before she was stabbed to death.

    http://www.sfgate.com/news/article/J...se-3743575.php
    A uninformed opponent is a dangerous opponent.

  10. #20
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    Judge grants delay in Joshua Packer murder trial



    A judge Monday granted a defense motion for another delay in the start of Joshua Packer’s capital murder trial, saying the information provided by his lawyers in a sealed document shows good cause for the continuance.

    Ventura County Superior Court Judge Patricia Murphy set the new trial date for June 3 but indicated it could be the last time she grants a delay.

    Packer, 22, of Ventura, is accused of fatally stabbing Brock and Davina Husted on May 20, 2009, at the couple’s Faria Beach house north of Ventura. Davina Husted was four to five months pregnant.

    Packer, who has pleaded not guilty, faces the death penalty. A jury could also sentence him to life in prison without parole.

    Murphy unsealed the defense’s declaration attached to its request for more time and read it in her chambers last month. The information wasn’t provided to prosecutor Michael Frawley because it is considered protected under attorney-client privilege, Murphy said.

    Discussions between Murphy and lawyers, however, revealed the delay request involved the defense’s unexpectedly need to hire a new expert.

    Murphy said there also will be legal housekeeping before the trial and an extensive jury selection process. She said the trial might have to be put on hold for a short time in August so she can take care of personal business.

    Frawley and the victims’ family members have opposed the delays.

    In February, Murphy set a new trial date for April 22, with the latest date being May 3.

    Read more: http://www.vcstar.com/news/2013/mar/...#ixzz2MfWrmQcd
    - vcstar.com
    A uninformed opponent is a dangerous opponent.

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