SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO DEPARTMENT S?ll HONORABLE CHERYL C. KERSEY, JUDGE THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, Case No. -VS- KOAN LAY, HOWARD TAN, SREY HENG AND GERARDO GARCIA, Defendants. TRANSCRIPT: ORAL PROCEEDINGS BEFORE HONORABLE CHERYL C. KERSEY, JUDGE SAN BERNARDINO, CALIFORNIA OCTOBER 28, 2015 APPEARANCES: MICHAEL A. RAMOS District Attorney BY: MALLORY MILLER, Deputy 247 West Third Street San Bernardino, CA 92415 For the People: Public Defender BY: LEE SONNENBERG, Deputy 364 North Mountain View Avenue San Bernardino, CA 92415 For the Defendant: (GARCIA) For the Defendant: (LAY) MICHAEL ARTAN, Attorney at Law GLEN JONAS Attorney at Law For the Defendant: (TAN) JOHN PAUL SERRAO Attorney at Law For the Defendant: (HENG) Maureen Bernard, Official Reporter Reported by: MAUREEN E. BERNARD, CSR, RPR SAN BERNARDINO, DEPARTMENT S?ll WEDNESDAY, OCTOBER 28, 2015 HONORABLE CHERYL C. KERSEY, JUDGE MORNING SESSION APPEARANCES: THE COURT: defendants Lay, MS. MR. MR. MR. The Defendant, Koan Lay, is present with his counsel, MICHAEL ARTAN, Attorney at Law; the Defendant, Howard Tan, is present with his counsel, GLEN JONAS, Attorney at Law; the Defendant, Srey Heng, is present with his counsel, JOHN PAUL SERRAO, Attorney at Law; the Defendant, Gerardo Garcia, is not present, represented by his counsel, LEE SONNENBERG, Deputy Public Defender; MALLORY MILLER, Deputy District Attorney, representing the People of the State of California. ?oOo? (Maureen E. Bernard, CSR, Official Reporter, The Court is then on the record on the Hang, Garcia and Tan. Mallory Miller for the People. ARTAN: Michael Artan for Mr. Lay. JONAS: Glen Jonas for Mr. Tan. SERRAO: John Paul Serrao on behalf of Ms. Heng, who?s present in custody with the interpreter. MR. SONNENBERG: Lee Sonnenberg on behalf of Mr. Garcia, whose presence is waived. He's currently in custody under quarantine. THE COURT: Interpreter? THE INTERPRETER: Paulina Laurent. Thai certified interpreter. KHMER. My badge and certification is on file. My badge number is 301695. THE COURT: Thank you. The matter is set today for preliminary hearing, I believe. The Court has reviewed motions filed by Mr. Artan and also Mr. Driscoll. That?s D-r?i?s?c?o?l?l. MR. JONAS: Jonas, your Honor. THE COURT: Oh, I'm sorry. That's your partner? MR. JONAS: That's correct. THE COURT: People? I have no response. MS. MILLER: That is correct, your Honor. The People do not have a legal position to oppose defenses? motions. The People submit on the paperwork that defense has filed and submit to the Court's ruling. THE COURT: The motions are a 1538.5. So I take it, Mr. Serrao and Mr. Sonnenberg, you are joining in these motions? MR. SERRAO: Yes. MR. SONNENBERG: Yes. They THE COURT: The Court's reviewed the motions. appear well?taken. The Court will grant the motions pursuant to 1538.5. The evidence will be excluded. And further motion? MS. MILLER: Yes, your Honor. The People are unable to proceed with prosecution on the four defendants based on the granting of the motion to exclude. The People, therefore, move to dismiss against these four defendants. THE COURT: I take it there's no objections? MR. JONAS: No objection, your Honor. MR. SERRAO: No. MR. SONNENBERG: No. MR. ARTAN: No objection, your Honor. THE COURT: The cases for Mr. Lay, Mr. Heng, Mr. Garcia and Howard Tan are dismissed. MR. JONAS: Thank you, your Honor. THE COURT: The defendants will all be released. And your client, Mr. Sonnenberg, the paperwork will go through, and he will be released from the jail. MR. SONNENBERG: Thank you. (The above?entitled proceedings were concluded.) MAUREEN E. BERNARD, CSR, RPR (JUN SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN BERNARDINO DEPARTMENT S-11 HONORABLE CHERYL C. KERSEY, JUDGE PEOPLE OF THE STATE OF CALIFORNIA, Case No. Reporter's Certificate Plaintiff, KOAN LAY, HOWARD TAN, SREY HENG AND GERARDO GARCIA Defendants. STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS- I, MAUREEN BERNARD, CSR #10158, Official Reporter for the Rancho Cucamonga Superior Court, County of San Bernardino, State of California, do hereby certify, to the best of my knowledge and belief, that the foregoing pages 1 through 3 comprise a full, true and correct computer?aided transcript of the proceedings taken in the above?entitled cause held on October 28, 2015, dated this 29th day of November, 2015 at San Bernardino, California. Maureen Bernard, Official Reporter CSR NO. 10158 MAUREEN E. BERNARD, CSR, RPR