This morning’s testimony and arguments in this case is being presented by attorney John F. Baumgardner representing Ex-PA firefighter Andrew Jentzsch with the hope that his earlier guilty plea should be withdrawn.
The motion is being heard in department 88 of the Superior count building by Superior court judge Douglas K. Southhard located in Palo Alto.
Thus far Gary Goodman, Andrew’s Jentzsch former public defender has been questioned rather extensively by Mr. Jentzsch attorney as to weather or not Mr. Jentzsch clearly understood the charges filed against him.
Mr. Jentzsch contends he was not properly advised of all his legal options.
In Mr. Jentzsch motion request presented and recorded to the court, it states; “Due to the ineffective advice given by council, [Santa Clara county public defender Gary Goodman] he entered his plea, defendant [Andrew Jentzsch] does not beleive he had reasonably sufficient time with access to his then attorney [Santa Clara County Public Defender Gary Goodman] to discuses his case prior to entering his plea of guilty.”
Court proceeding will resume at 2:00pm today ending with Palo Alto city attorney Donald Larkin’s testimony. We will continue to up-date with new developments. Please stay tuned…..
Those were the words issued from the bench this afternoon by Superior Judge Douglas K. Southhard. In his ruling judge Southhard felt there was not enough compelling reasons to grant a withdrawal on an earlier plea of guilty.
Although he commended counsel for the defense for his articulate summary [Motion to Withdraw Plea] of case law in his brief submitted to the court. However, absent in their defense, were expert witnesses called to testify as to any emotional duress or the state of mine of Mr. Jentzsch. A key component argued.
Mr. Jentzsch contented he felt rushed through the legal process by his former public defense attorney Gary Goodman to just take the deal being offered by the prosecution. In Mr. Jentzsch declaration to the court, he stated, “Goodman told me the deal was a no brainier.”
Judge Southhard concluded by wrapping up a few sentencing procedures which is scheduled to occur sometime in September.
He also noted in his final comments that the evidence submitted just did not rise to the level where he felt that the motion should be granted. He felt Mr. Jentzsch was only feeling and experiencing what he described as “buyers remorse” to the earlier plea deal.
See related story: Ex-Palo Alto Fire Fighter Andrew Jentzsch sounds the 911 Fire Alarm http://bit.ly/itPF9P