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Wednesday, August 28, 2013

August 26th, 2013 • 06:08 Judge denies three Harran defense motions By Jyllian Kemsley •

By Michael Torrice
A Los Angeles County Superior Court judge today denied three defense motions that could have dismissed a criminal case against University of California, Los Angeles, chemistry professor Patrick Harran. With the rulings going against the defense, the case moves closer to trial. The judge set the next court date for Oct. 3. Harran could go to trial within 60 days of that date.
Harran faces four felony charges of violating the state labor code. The charges stem from the death of research assistant Sheharbano (Sheri) Sangji after a 2008 fire in Harran’s lab. In November and December, 2012, Judge Lisa B. Lench heard testimony in a preliminary hearing on the case. She ruled in April that there was sufficient evidence to send the case to trial. After the preliminary hearing, the case was sent to Judge George G. Lomeli for trial.
Before today’s hearing, Harran’s attorneys submitted three motions: one asking the judge for a so-called Frankshearing, another called a demurrer, and a third to dismiss the charges based on lack of probable cause. The district attorney’s office replied to each motion, and the defense then responded in writing to those replies.
In court today, the judge started by asking the defense and prosecution to go to chambers to discuss the Frankshearing motion. The hearing is often used to throw out warrants, such as search or arrest warrants, on the grounds that the police or district attorney obtained the warrant using false statements. In this case, the defense argued that Harran deserved such a hearing in part because David Higuera, a senior investigator for the Los Angeles County District Attorney’s Office, allegedly omitted key information from his affidavit for an arrest warrant for Harran.

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