Carlo Mercado, accused of killing three people – two of whom were fatally shot outside the Mission Valley mall on Christmas Eve – originally waived his right to a speedy preliminary hearing. He reasserted that right last Friday, according to his public defender Gary Gibson. His hearing has been rescheduled from Oct. 20 to Sept. 2.
Marc Carlos (who is not involved in this case) commented on this decision saying,
“..in serious cases like homicides, it is standard for the defense to waive time restrictions on preliminary hearings. It allows you to discuss the facts with your client, to send your investigators out to speak with witnesses so that you’re adequately prepared for the prelim.”
Carlos goes on to say that Mercado’s defense team may be switching their defense strategy if they want to move the trial up. The article quotes him saying,
Carlos believes the decision to reinstate his right to a speedy preliminary hearing was “a tactical reason on the part of the defense lawyer. He knows something that can benefit his client at this point.”
Sometimes, that tactic could force prosecutors to tip their hand and show what forensic or circumstantial evidence they have against Mercado, according to Carlos.
That, or Mercado himself asked that his constitutional right be reinstated.
Marc Carlos concludes that the preliminary hearing should have the same result whether it’s done now or later.