Defense Granted Continuance In Scarber Hearing

roger nuttell

The defense in the Scarber trial has been given more time to review documents.

Former CHP Assistant Chief Kyle Scarber and his wife Gail, and daughter Crysyal Reynoso were in court Tuesday, July 15th for the preliminary hearing.

They are accused of helping son Spenser Scarber, convicted of rape, of leaving the country to go to Mexico during his trial.

Defense Attorney Roger Nuttall (pictured above) asked for a continuance to review files from the CHP internal investigation that were not made available to them – that could be be used against the defendants.

Judge Kent W. Hamlin said the Attorney General had an obligation to provide the information.

He said it was not willful misconduct as cited by the Scarber council but more of an oversight.

“The court first of all needs to peruse the file to see if there’s anything in there that is material, and exculpatory, and favorable to the defendants.” – Defense Attorney Roger Nuttall.

Judge Hamlin granted the defense a continuance.

Nuttell says he feels good about the case: “I feel rather confident in our defense, I’m really not thinking about their exposure, of anything happening to them, anything adverse happening to them.”- Defense Attorney Roger Nuttall.

On September 24th, 8:30am, there will be a readiness hearing to determine if all parties are set to proceed.

The Scarber preliminary hearing will resume October 7th, at 9:00am when all parties will be back in Fresno Superior Court.