Jury deliberates case against two Border Patrol agents

Judge already dismissed two counts, in the misdemeanor trial

After more than a day of deliberation, a jury is still considering the facts in the trial of two Border Patrol agents who are accused of lewd acts in public and then attacking a witness who complained.

Kallie Lamb Helwig, 25, and Gerald Joseph Torello, 35, have pleaded not guilty to charges that they performed sex acts during a circus performance at the Del Mar Fairgrounds, and then battered a woman who tried to summon an usher.

In a surprise move, mid-trial, the judge dismissed two misdemeanor counts; those counts were “annoy child” – charged against both defendants, and the other count was “criminal threat.” (There were children seated nearby when the alleged sex acts were occurring, according to testimony.) Superior Court Judge Harry Elias dismissed the one criminal threat accusation, which was charged against only Gerald Torello; this charge was based on an allegation that Torello threatened to “kill” someone, if that person spoke to his female companion again.

The alleged incidents occurred during the final performance of a Cirque du Soleil event, on a Sunday evening, May 27, 2012. Both defendants have remained at liberty.

Prosecutor Tracy Prior charged all counts as misdemeanors, she declined to make a plea deal, and saw the case through trial.

Both defendants took the witness box in their own defense. Kallie Helwig admitted punching the alleged victim at least three times in the head, because “I felt threatened.” Gerald Torello denied that he was present when Kallie Helwig slugged and hair-pulled and grappled with the alleged victim. Torello is charged with battery as an aider and abettor; he is accused of calling out encouragement to Helwig during the confrontation.

The jury of nine women and three men heard three full days of testimony and then began deliberations late Thursday, February 7. The jury is expected to resume Monday morning, February 11, in San Diego’s North County superior courthouse.

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Comments

If they have gone a full day and are still deliberating on misdemeanor counts, then this means there is conflict in the jury. The PC 422 criminal threats being dismissed was surprising based on what was posted here mid week.

SurfPup, I think you are right. The jury will hang, and then what? Will the DA try it again? Or will she then be able to say, "We tried and failed. No point in trying again."

They can retry a misdemeanor hung jury, but I HAVE NEVER SEEN IT HAPPEN, EVER in a misdemeanor case, a retrial happens all the time in felony hung jury cases. I suspect if it hangs it is over.

From B's article on Dumbass;

In court papers filed in preparation for today’s hearing, Deputy District Attorney Katherine Flaherty said Elias’ comments show that he can’t be impartial — and that in order to protect their rights to a fair hearing, he has to step down.“The court’s comments in this case reflect a clear mindset of bias and prejudice against prosecutors in the San Diego County District Attorney’s Office,” Flaherty wrote. “… There can be no impartial ruling from a judge who believes that prosecutors deliberately and intentionally violate the constitutional rights of defendants by failing to provide discovery.”

Bonnie Dumbass is being used right now for FABRICATING evidence in a 1st degree murder trial, the entire DA's office is a cesspool of shit.

It looks like Hellweg hired a top rated lawyer for her defense. Hellweg is probably paying $200,000 in legal fees for her defense.

http://bestlawfirms.usnews.com/firms/knut-s-johnson/overview/34340/

So, where does she get that kind of dough? From the Border Patrol Agents Protective Assn? For Pete's sake, these are misdemeanors, and as cops the worst that will happen is they get probation. As to the job loss, yeah, that's kind of a big deal, but she's only 25. She has the rest of her life ahead of her. Or does she think she can sue the victim and recover the cost? Good luck with that.

Is, she will NEVER get a job that pays and benefits what her Gov LE job does, they just are not out there, anywhere. Her union may be paying most or all of the lawyer fees.

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