Holt advised the victim’s family that continued disrespect of court procedure could result in the defendant not receiving a fair trial. Previous antics included the family arriving for court dressed in the same T-shirt memorializing Anthony Ornelas.
Contreras faces four felonies relating to the death of Anthony Ornelas, who succumbed to injuries after allegedly being struck by a Chevy Blazer driven by Contreras on April 9. The incident occurred after an altercation between two groups of individuals escalated into fighting with weapons.
Holt addressed the courtroom in response to an interaction between Contreras and Jacque Ornelas Peru that occurred before a pretrial conference July 29. According to Holt, it came to his attention that Ornelas had sat in the front row and conversed with the defendant prior to his arrival in the courtroom and had shown him a picture of her deceased son. The interaction with Peru appeared to be the stimulus for Contreras’ unruly behavior at the end of the hearing, when he bolted from the courtroom without his transport officer. It is against Arizona law to communicate with an inmate without permission and is a class 2 misdemeanor.
Judge asks for additional security
Added courtroom security and an order from Holt forcing Peru and anyone with her to sit in the back of the courtroom helped prevent a repeat of the last pretrial conference. Families for the defendant and victim were also separated. They were directed to sit on opposite sides of the courtroom and to leave at separate times after the hearing.
“Misbehavior of victim representatives in trial often causes mistrials to be declared,” Holt said, “and if a mistrial is declared, there is the possibility of the case then being dismissed because (of) double jeopardy.”
Double jeopardy, as it relates to the courtroom, disallows a defendant from being tried twice for the same crime on the same set of facts. To help prevent that from occurring, Holt warned the family members to clean up their act or they would not be allowed inside the courtroom during the proceedings. He also ordered the family to have no contact with Contreras whatsoever.
“If you disrespect my courtroom again or the process we are going through, you will be watching on closed circuit TV from the jury room,” he said.
Holt said if any of the victim’s representatives wanted to be heard on the matter, he would set a separate hearing. He said he will make sure the defendant’s and victim representative’s rights are adhered to.
“The Constitution of the state of Arizona guarantees the victim some rights,” he said, “but you don’t get those rights if you violate the process of this court and the dignity of the court and the respect that this court is due. So I hope you all understand that. This is a matter of respect of law, so I expect that when you are in the courthouse you will behave yourselves and you will act appropriately.”
County Attorney Kenny Angle said because of what had happened at the previous hearing, there has been no progress on the case. Angle and Contreras’ attorney, Wendell Hughes, had been working on a plea agreement.
Hughes said Contreras has shown a new attitude of peace and is able to discuss possible plea offerings with him. Contreras later apologized to the court for his actions at the hearing.
Peru stood from the back of the courtroom, visibly upset, and attempted to speak. Holt reminded her that it was not the time or the place for her to respond, and that he would set a separate hearing if she wanted to have her say. Holt set the next pretrial conference for Aug. 26 at 11:30 a.m.



Comments
4 comment(s)concerned family member wrote on Dec 24, 2008 12:46 AM:
Shantelle wrote on Aug 20, 2008 9:16 AM:
Sad Community Memeber Mrs. Taylor wrote on Aug 17, 2008 7:21 PM:
Aimee you should stop the comments on this story also it is just like the other one it is only going to bring more fueding between the families, like you said "let the courts bring justice in this situation" not everyone's remarks they will only make matters worse, MY HEART GOES OUT TO BOTH FAMIlIES "
Justice wrote on Aug 17, 2008 5:12 PM: