Phoenix, AZ (PRWEB) October 16, 2012
Monday, August 27, 2012, during a second Evidentiary Hearing in Maricopa County Superior Court all charges against Anthony Felber, case number S-0700-CR-2012005888, were summarily dismissed without prejudice based on a motion filed by Prosecuting Attorney Elisa Maria Ramunno representing the State of Arizona. The reason for dismissal was "in the interest of justice" as stated in the motion.
The Evidentiary Hearing, or Simpson Hearing, is a full and adversarial bail hearing where the State is obligated to prove that the "proof is evident or the presumption great" that the defendant committed the charged offenses. Judge Gottsfield granted a supplemental Simpson hearing after it was brought to the court's attention that the State had not followed Arizona Rules of Evidence in turning over evidence to the defense prior to the original hearing held March 8, 2012. From the court minutes filed 7/2/2012, "To remedy this situation, the court being of the view the CD’s should have been disclosed prior to any Simpson hearing, the court now orders that there will be a supplemental Simpson hearing"
From the minutes of 8/27/2012. "Based on state’s motion to dismiss without prejudice and the defense only objecting to the dismissal being without prejudice, IT IS ORDERED granting the motion and dismissing this case without prejudice." In conjunction with granting the motion to dismiss, it was further ordered that the defendant be released from the custody of the Maricopa County Sheriff’s Office.