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2764, and a first amended information was filed in No. Following an extremely contentious trial, filled with motions for dismissal, mistrial, sanctions, severance, and the like, the jurors began deliberations on July 22, 1985. His case was consolidated with the other two on November 15, 1984. On December 17, the People were granted leave to file amended informations in Nos. Jury selection commenced January 14, 1985; a jury was sworn to try the case on February 14. On May 20, 1985, prior to resting their case, the People moved to amend the informations to conform to proof. On June 10, second amended informations were filed in Nos. 27641) was filed in Kern County Superior Court, charging Ricky Lynn Pitts (hereinafter Rick), Marcella Pitts (hereinafter Marcella or Tutti), and Colleen Forsythe (hereinafter Colleen) with conspiracy (Pen. OPINIONSTATEMENT OF THE CASEOn July 25, 1984, a 53–count information (No.Michael Snedeker, Oakland, Richard Phillips, Sacramento, Richard Power, Shingle Springs, Kyle Gee, Oakland, Cynthia A. Smith, Sacramento, and Robert Fiedler, San Francisco, under appointments by the Court of Appeal, for defendants and appellants. Forsythe was convicted of one count of violating section 182, thirty-four counts of violating section 288, subdivision (b), six counts of violating section 311.4, subdivision (c), and three counts of violating section 273a.
Code,2 § 182), forcible lewd and lascivious acts on children under the age of 14 (§ 288, subd.
A child claimed she had been forced to the ground by the children, who were “humping” her and trying to “kiss her booty.” Silvius talked to the children involved; of them, Brian, then not yet seven, stood out in terms of his sexual sophistication and terminology.
When asked about the incident, Brian said he was accused of humping the girl and kissing her booty, but denied doing so.
Unable to get them out until July 5, John and Janice took legal action which resulted in Tutti losing her extended July visitation and resuming alternate weekend visitation the last week of July.
Rick returned to Bakersfield around the middle of August to help Cliffy move to Boswell.