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Jury quickly acquits man held in jail 112 days

By STEVE E. SWENSON

Californian staff writer

The issue in a rural Tehachapi shooting case is whether it is an example of “mean justice” or “mean Joe Green.”

Joseph Conrad Green, 52, a former political candidate, contends the two assault with a deadly weapon charges against him earlier this year – which kept him in jail for 112 days until a jury acquitted him in less than an hour – is a case of mean justice.

“Mean Justice” is the title of a recent book critical of the Kern County district attorney’s office.

The jury acquitted him after a week-long trial that ended July 2.

Green and his attorney, Kyle J. Humphrey of Bakersfield, said the charges never should have filed in the first place, or at the very least, dropped after further investigation showed they lacked proof.

Green was accused of firing 10 to 20 rifle shots at Sandra J. Tremiti, 45 and her 12-yearlol niece, on March 13 as the woman drove near Green’s property in Blackburn Canyon, seven miles southeast of Tehachapi.

Green, interviewed last week in his attorney’s office, acknowledged he had disputes with Tremiti, who lives in the same area, but said those ended about two years ago.

He said on March 12, a day before the shooting, Tremiti accused him of reporting to animal control officers her dogs were loose.  But he wrote her a note that day saying he did no such thing and he wanted her to leave him alone, he said.

Green complained Tremiti vowed March 12 to make Green’s life miserable, and she has succeeded in doing that.

While he was in jail awaiting trial 20 sheep he tended disappeared.  Since the acquittal, he has not returned to his property for fear of reprisals, he said.

He contended the sheriffs investigation did not pin down details, such as where she was standing when the shots were fired, which could have established his innocence before his arrest.

The defense displayed photographs that investigators said showed Tremiti could not have seen Green because of all the trees, Humphrey said.

One of several juror who cried along with Green when the verdict was announced, wrote a letter to Humphrey, saying “My heart is really angered by the evil caused by one woman, and how the police/peace officer have not called her into accountability.”

Sheriff’s deputy Karen Smith, who helped in the investigation, acknowledged no physical evidence was found, but deputies were able to corroborate some of the statements of the victim and her niece.  She noted Green has been a target of many report to the sheriff’s office.

Green objected to his arrest coming after he insisted on his legal right not to allow deputies to search his home without a warrant.

Green said he’s a strong supporter of constitutional rights for individuals and he has expressed those views in his various campaigns for county supervisor, Tehachapi City Council, school board water district and state Assembly.  He lost all those races.

Prosecutors said Green was properly arrested and brought to trial.

On the “mean Joe Green” side of the ledger – a title given to former Pittsburg Steeler defensive lineman Joe Greene in the 1970s – the prosecutors noted Green is familiar to law enforcement.

Deputy District Attorney Joseph De Silva noted that the initial $25,000 bail for Green was increased by Judge John Oglesby to $50,000 based on the shooting allegations and reports Green had been threatening and belligerent to his neighbors and others.

De Silva said the complaints – detailed in seven reports in the court file – impact bail considerations, but are irrelevant to the shooting charges.

De Silva and trial prosecutor Richard June said Tremiti reported she was right by Green’s property when shots from a high-powered rifle whizzed near her, and she saw Green’s bald head and stomach through the trees.

June said Tremiti could have made up a better story if she had planned to lie about Green, such as asserting she saw his face and hear him yell at her.  He noted two independent witnesses heard shots at the time she reported.

Prosecutors said Green was within his rights to demand a warrant before his property was searched, but a subsequent search with a warrant resulted in 460 rounds of 7.62x39 mm high powered rifle ammunition being found.

June said the jury gets the final word in criminal trials when there is a dispute in the evidence.

 

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Copyright © 2006 Law Office of Kyle J. Humphrey
Last modified: 08/04/06