Homes, Campbell motions denied
MIFFLINTOWN–Gilbert H. Campbell Jr., 57, and Rochelle Emma Ann Holmes, 29, of Mifflintown, each filed a habeus corpus motion on Tuesday, which were both denied.
According to legaldictionary.net, a habeus corpus motion is “a court order that requires a person, usually a prisoner, to be brought before a judge to decide whether he/she is being held legally, or should be released.”
Judge Kenneth Mummah presided over the hearing and heard oral arguments from District Attorney Cory Snook and Public Defender Nancy Schrum, regarding Campbell’s motion. Snook said that a habeus corpus motion is dismissable when a preliminary hearing is waived, which Campbell had done in October 2017. Schrum argued that the preliminary hearing was waived because Campbell had anticipated Holmes to testify against him, which did not seem likely in light of Holmes allegedly being an uncoroporative witness for the prosecution. Holmes has not been present at several prior court proceedings, for which she was scheduled to appear.
Schrum further argued that the rule regarding the waiver is “irrelevant,” as the defense deems all evidence from the prosecution as heresay.
“Once it’s waived, it’s waived,” said Snook, standing by Rule 541 from section 234 in the Pa Code. Rule 541 states, “If the defendant waives the preliminary hearing and consents to be bound over to court, the defendant and defense attorney, if any, shall certify in writing that when represented by counsel, the defendant understands that by waiving the right to have a preliminary hearing, he or she is thereafter precluded from raising challenges to the sufficiency of the prima facie case, and the defendant voluntarily waives the hearing and consents to be bound over to court.”
Mummah agreed with Snook and dismissed the motion, advising Schrum that she may re-raise the issue prior to, or during, trial.
Schrum also gave an oral motion to modify Campbell’s bail to unsecured or non-monetary. Mummah denied the motion, reminding Schrum of Campbell’s statements and behavior at his March 19 bail hearing, which resulted in his bail being raised to $500,000, after he stated in open court that he would consume large quantities of alchohol and drugs upon his release.
Holmes’ motion was also denied, as neither she nor her attorney, Brian Baker, were present at the hearing. A bench warrant is still in affect for Holmes.
According to court documents, police responded to a verbal dispute between Holmes and Campbell, in October 2017. One officer reported that it was determined that Campbell is Holmes’ biological uncle and Holmes related to him that she and her uncle were having a sexual encounter when their dispute began. Police reported that Campbell confirmed Holmes’ account of their sexual relationship to two separate officers.