Drain’s motion for new trial delayed – News – recordnet.com – California News

Drain’s motion for new trial delayed – News – recordnet.com – California News

STOCKTON — Former Manteca Unified board member Ashley Drain will have to wait another month to see if she will be granted a new trial after her conviction on charges of election and welfare fraud.

Judge Charlotte Orcutt scheduled Drain’s next court appearance for Sept. 11 after a brief hearing Monday morning.

The decision is the second delay since June after Drain switched attorneys in mid-May following her conviction in April. Her attorney, Russell Humphrey, said Monday he still needs time to collect and review transcripts of Drain’s two-week trial. The transcript was not made available until late July.

Humphrey, appointed to represent Drain by the San Joaquin County Bar Association’s lawyer-referral service, explained to Orcutt that he has only received “less than half” of the transcript.

“From what I reviewed about 30-40 percent of what I have, I would say there is a high-likelihood that there will be a motion that’s going to be filed,” Humphrey said.

“I’m not at the point where I’m not seeing anything and there’s a chance we would not file something. I believe we are at a point where yes, I’m going to file something, it’s just a matter of getting all the transcripts and having the opportunity to review them and then file an appropriate motion.”

Drain is one of three former Manteca Unified trustees caught up in the election fraud case. Alexander Bronson accepted a plea bargain and will be sentenced next month. Sam Fant, who ran unsuccessfully for Stockton City Council last year, is scheduled for a trial readiness conference on Friday.

Fant is alleged to have provided…

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