Mexico - Kaleo Skye, 3 & Roxy Rain 10 mos, killed by dad, Rosarito, 10 Aug 2021 *arrest in CA*

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Well - just checked Judge Bencivengo schedule - she had 2/7, 2/8 & 2/10. NO 2/9/23. And Coleman is not on any of the ones listed.

@Seattle1 - can you post from the Criminal Docket - last post on the one you posted previously goes up to 9/30/22.
TIA!
Girl Waving Hello Smiley
 

U.S. District Court​

Southern District of California (San Diego)​

CRIMINAL DOCKET FOR CASE #: 3:21-cr-02627-CAB-1​


Case title: USA v. Coleman
Date Filed: 09/08/2021



​
Date Entered#Docket Text
09/30/2022
37​
STATUS REPORT and Motion to Exclude Time Under Speedy Trial Act (Joint) by USA as to Matthew Taylor Coleman (Ko, Peter) (anh). (Entered: 09/30/2022)
09/30/2022
38​
ORDER Setting Telephonic Status Hearing as to Matthew Taylor Coleman, ( Status Hearing set for 12/2/2022 02:00 PM before Judge Cathy Ann Bencivengo.). Signed by Judge Cathy Ann Bencivengo on 9/30/2022. (anh) (Entered: 09/30/2022)
12/02/2022
39​
ORDER Setting Deadline for Decision on Capital Charges and Setting Further Telephonic Status Hearing as to Matthew Taylor Coleman, ( Telephonic Status Hearing set for 2/9/2023 09:00 AM before Judge Cathy Ann Bencivengo.). Excludable(s) started as to Matthew Taylor Coleman: XT1 - Continuance granted, failure to continue would stop further proceedings or result in miscarriage of justice 12/2/2022-2/9/2023. Signed by Judge Cathy Ann Bencivengo on 12/2/2022. (anh) (Entered: 12/02/2022)
12/05/2022
40​
Minute Entry for proceedings held before Judge Cathy Ann Bencivengo: Telephonic Status Hearing re capital decision as to Matthew Taylor Coleman held on 12/2/2022. Parties still awaiting decision from Office of Attorney General. Court orders Office of Attorney General to make a decision by 1/31/2023. Further telephonic Status Hearing set for 2/9/2023 09:00 AM before Judge Cathy Ann Bencivengo. Time is excluded in the interest of justice until the next status hearing. Order has been previously issued. (Court Reporter/ECR Mauralee Ramirez). (Plaintiff Attorney Kevin Butler and Peter Ko, AUSAs). (Defendant Attorney Sean Kennedy, Learned Counsel; Christine O'Connor and Elena Sadowsky, FDs). (no document attached) (lmh) (Entered: 12/05/2022)
01/30/2023
41​
NOTICE Re Death Penalty by USA (Ko, Peter) (anh). (Entered: 01/30/2023)


CM/ECF - casd

ecf.casd.uscourts.gov ecf.casd.uscourts.gov

@Niner -- not much added since 9/30/22.

Phone hearing on 2/9/23. The prosecutor is not seeking DP. A fairly skinny docket since the beginning.
 
They now have Coleman's hearing on the calendar.

Calendar of the United States District Court
Southern District of California
San Diego
Thursday, 2/9/2023
Courtroom 15A
Present the Honorable: Cathy Ann Bencivengo District Judge
Deputy Clerk: L. Hernandez Court Reporter/ECR: M. Ramirez

Hon. Cathy Ann Bencivengo Thursday, 2/9/2023 09:00AM
1. 3:21-cr-02627-CAB
USA v. Booking # Lang

[1] Matthew Taylor Coleman (C)
MTD:3/19/2023

Telephonic Status Hearing (1

link: https://www.casd.uscourts.gov/Judges/Judge-Info.aspx
 
Thursday, February 9th:
*Status Hearing (Telephonic hearing) (@ 9am PT) – CA/Mexico - Kaleo Skye (3) & Roxy Rain (10 mos.) Coleman (reported missing Aug. 8, 2021, Santa Barbara & found on Aug. 9, 2021 by a farmworker in Rosarito, Mexico) - *Matthew Taylor Coleman (40/now 41) arrested (8/9/21 @ Mexican/US border in San Ysidro Port of Entry checkpoint from Tijuana), charged (8/11/21), indicted (9/8/21) & arraigned (9/29/21) on Federal charges of 2 counts of murder of U.S. nationals on foreign soil. Held without bond. Plead not guilty. DA will not seek the DP (2/1/23).
According to statements outlined in court records, he has admitted to the killings in detailed confessions during several interviews with law enforcement.
Case info from 8/11/21 thru 7/28/22 reference post #536 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-27
9/30/22: Status report & Motion to exclude time under speedy trial act. Order setting telephonic status hearing on 12/2/22 @ 2pm before Judge Bencivengo. 9/30/22: Order setting a telephonic status hearing on 12/2/22. 12/22/22 Update: Order setting deadline for decision on Capital charges & setting further telephonic status hearing. Status hearing set for 2/9/23 @ 9am before Judge Cathy Ann Bencivengo. Continuance granted, failure to continue would stop further proceedings or result in miscarriage of justice. 12/5/22: Telephonic status hearing was held on 12/2/22. Parties still awaiting decision from Office of Attorney General. Court orders Office of Attorney General to make a decision by 1/31/23. Time is excluded in the interest of justice until the next status hearing. 2/1/23 Update: DA will not be seeking the death penalty. Telephonic status hearing on 2/9/23.
 
@Seattle1 - any update on what might have happened in yesterday's hearing on the docket?
TIA! :)
 
www.sandiegouniontribune.com

Feds won't seek death penalty for conspiracy theorist accused of killing his children in Mexico

Surf instructor Matthew Coleman is accused of killing his children with a spearfishing gun in Rosarito while allegedly paranoid and obsessed with conspiracies
www.sandiegouniontribune.com www.sandiegouniontribune.com

2/1/23

Federal death penalty cases are rare and the review process extensive. It’s a decision that involves approval by the U.S. attorney general after input from the U.S. Attorney’s Office, the assistant attorney general for the Civil Rights Division and others at the highest levels of the Justice Department.

Federal executions are also rare, with just 50 carried out since 1927, according to the Federal Bureau of Prisons. No federal inmates were executed between 1963 and 2001, when Oklahoma City bomber Timothy McVeigh was executed. The practice was again halted between 2003 and 2019, until the Trump administration directed the Bureau of Prisons to resume executions. Thirteen prisoners were executed in the last six months of Trump’s term.

[..]

Neither the U.S. Attorney’s Office in San Diego nor the public defenders representing Coleman immediately responded Wednesday to requests for comments.
 
Finally a court date! Two actually! :)

Hon. Cathy Ann Bencivengo Thursday, 7/27/2023 03:00PM
2. 3:21-cr-02627-CAB Booking # Lang
USA v.
[1] Matthew Taylor Coleman (C)
MTD:9/29/2023
59551509 ENG [1] Christine Carr O'Connor FD
213-894-2854
Cuauhtemoc Ortega FD
Elena Rose Sadowsky FD
Sean Kevin Kennedy
213-736-8302
Telephonic Status Hearing (1) - Counsel ONLY

IND 2 CTS Filed: 09/08/2021
18:1119,1111 Billy Joe McLain AUSA
213-894-6702
Joanna Moriah Curtis AUSA
(619)546-6776
Kevin James Butler AUSA
213-894-6495


08/22/2023 10:00AM Motion Hearing(1) - CAB

Link: https://www.casd.uscourts.gov/Judges/bencivengo/calendar/bencivengo_072723.pdf
 
Thursday, July 27th:
*Telephonic Status Hearing (Counsel Only) (@ 3pm PT) – CA/Mexico - Kaleo Skye (3) & Roxy Rain (10 mos.) Coleman (reported missing Aug. 8, 2021, Santa Barbara & found on Aug. 9, 2021 by a farmworker in Rosarito, Mexico) - *Matthew Taylor Coleman (40/now 42) arrested (8/9/21 @ Mexican/US border in San Ysidro Port of Entry checkpoint from Tijuana), charged (8/11/21), indicted (9/8/21) & arraigned (9/29/21) on Federal charges of 2 counts of murder of U.S. nationals on foreign soil. Held without bond. Plead not guilty. DA will not seek the DP (2/1/23). Judge Cathy Ann Bencivengo
According to statements outlined in court records, he has admitted to the killings in detailed confessions during several interviews with law enforcement.
Case info from 8/11/21 thru 12/5/22 reference post #546 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-28
2/1/23 Update: DA will not be seeking the death penalty. Telephonic status hearing on 2/9/23. 7/27/23 Update: Telephonic status hearing for counsel ONLY on 7/27/23 @ 3pm & motions hearing on 8/22/23 @ 10am.
 
Well - I am not finding him on the Judge's calendar for 8/22 - but I do see it was Counsel only. The Judge does not have anything on her calendar until 8/25 & Coleman is not there. So I will keep looking for him on her calendar.
 
Hon. Cathy Ann Bencivengo Tuesday, 10/10/2023 02:00PM

11. 3:21-cr-02627-CAB
USA v. Booking # Lang
[1] Matthew Taylor Coleman (C)

MTD:11/17/2023
59551509 ENG [1] Christine Carr O'Connor FD
213-894-2854

Cuauhtemoc Ortega FD
Elena Rose Sadowsky FD
Sean Kevin Kennedy
213-736-8302
Telephonic Status Hearing (1)

IND 2 CTS Filed: 09/08/2021
18:1119,1111

Billy Joe McLain AUSA
213-894-6702
Joanna Moriah Curtis AUSA
(619)546-6776
Kevin James Butler AUSA
213-894-6495

link: https://www.casd.uscourts.gov/Judges/bencivengo/calendar/bencivengo_101023.pdf
 
Tuesday, Oct. 10th:
*Status Hearing (@ 2pm PT) – CA/Mexico - Kaleo Skye (3) & Roxy Rain (10 mos.) Coleman (reported missing Aug. 8, 2021, Santa Barbara & found on Aug. 9, 2021 by a farmworker in Rosarito, Mexico) - *Matthew Taylor Coleman (40/now 42) arrested (8/9/21 @ Mexican/US border in San Ysidro Port of Entry checkpoint from Tijuana), charged (8/11/21), indicted (9/8/21) & arraigned (9/29/21) on Federal charges of 2 counts of murder of U.S. nationals on foreign soil. Held without bond. Plead not guilty. DA will not seek the DP (2/1/23).
According to statements outlined in court records, he has admitted to the killings in detailed confessions during several interviews with law enforcement.
Case info from 8/11/21 thru 12/5/22 reference post #546 here:
https://www.websleuths.com/forums/t...uctor-dad-rosarito-10-aug-2021.581793/page-28
2/1/23 Update: DA will not be seeking the death penalty. Telephonic status hearing on 2/9/23. 7/27/23 Update: Telephonic status hearing for counsel ONLY on 7/27/23 @ 3pm & motions hearing on 8/22/23 @ 10am. 7/27/23 Update: Next motions hearing on 8/22/23 @ 10am.
8/22/23 Update: Not on Judge’s calendar. Motions hearing vacated. 10/6/23 Update: Next telephonic status hearing on 10/10/23 @ 2pm.
 
Did I miss somewhere why they decided to take the DP off the table? This crime was absolutely horrific. I’m surprised they did that. I’m also surprised he plead not guilty after confessing in detail several times and the fact that there’s pretty obvious evidence.
 
mewmew said:
Did I miss somewhere why they decided to take the DP off the table? This crime was absolutely horrific. I’m surprised they did that. I’m also surprised he plead not guilty after confessing in detail several times and the fact that there’s pretty obvious evidence.
Click to expand...
Yes, this was decided in Feb.

www.sandiegouniontribune.com

Feds won't seek death penalty for conspiracy theorist accused of killing his children in Mexico

Surf instructor Matthew Coleman is accused of killing his children with a spearfishing gun in Rosarito while allegedly paranoid and obsessed with conspiracies
www.sandiegouniontribune.com www.sandiegouniontribune.com

Federal prosecutors will not seek the death penalty against Matthew Taylor Coleman, the Santa Barbara surf school owner and QAnon conspiracy theorist who allegedly killed his two young children with a spearfishing gun in Mexico.

Prosecutors filed a one-sentence notice alerting the court to the decision Monday, a day before a deadline set by U.S. District Judge Cathy Ann Bencivengo.

[..]

Federal death penalty cases are rare and the review process extensive. It’s a decision that involves approval by the U.S. attorney general after input from the U.S. Attorney’s Office, the assistant attorney general for the Civil Rights Division and others at the highest levels of the Justice Department.

Federal executions are also rare, with just 50 carried out since 1927, according to the Federal Bureau of Prisons. No federal inmates were executed between 1963 and 2001, when Oklahoma City bomber Timothy McVeigh was executed. The practice was again halted between 2003 and 2019, until the Trump administration directed the Bureau of Prisons to resume executions. Thirteen prisoners were executed in the last six months of Trump’s term.
 
Oh geez....

www.sandiegouniontribune.com

Conspiracy theorist charged with killing his children in Rosarito not competent to stand trial, judge finds

Matthew Taylor Coleman, charged with killing his two young children in 2021, will be committed for treatment in effort to restore his mental competency
www.sandiegouniontribune.com www.sandiegouniontribune.com

Oct. 12, 2023

A federal judge in San Diego ruled Thursday that Matthew Taylor Coleman, a Santa Barbara surf school owner and conspiracy theorist charged with killing his two young children with a spearfishing gun in Mexico, is not competent to stand trial.

The order from U.S. District Judge Cathy Ann Bencivengo is sealed, but a docket entry in the case indicated the judge ordered Coleman to be committed for treatment and set his next competency hearing for March.
[.....]
Though several documents and motions in the case remain sealed, the docket indicates that Coleman was ordered to undergo a mental competency examination. The judge received that report last month and held a hearing to discuss it Tuesday.
[.....]
Now Coleman will be sent to a secure federal medical facility, where doctors will work to try to restore his competency, according to the statute. The initial commitment is supposed to last no longer than four months, though that can be extended. If doctors decide his competency has been restored, the prosecution against him will move forward.
 
This article had the date in March for his Review.

people.com

QAnon Dad Matthew Taylor Coleman Deemed Incompetent to Stand Trial on Accusations He Killed 2 Kids

Matthew Taylor Coleman is charged with killing his 2-year-old son and 10-month-old daughter in Mexico on Aug. 9, 2021.
people.com people.com

....
An online docket entry reviewed by PEOPLE confirms that U.S. District Judge Cathy Ann Bencivengo on Oct. 11 ordered Coleman, 42, to be committed for treatment. His competency hearing is scheduled for March 8, 2024.
 
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