Retrial hearing postponed |

Retrial hearing postponed

AUBURN – A hearing Monday for Timothy Brooks was postponed until Friday when a Placer County superior court judge will decide if the convicted murderer will be re-tried, face a lesser verdict or be sentenced for second-degree murder next month.

Attorney Marcus Topel filed an appeal June 1 to ask Judge Robert McElhany for a new trial or to lower the charge to voluntary manslaughter.

Brooks, 26, was convicted of second-degree murder in April for fatally stabbing Robert Ash outside of a Tahoe City bagelry in August 2005. The 12-member jury also found him guilty of possessing a deadly weapon. Now Brooks faces 16 years to life in jail.

Topel had no comment on the motion, but he is expected to argue that evidence presented during the trial did not warrant the murder verdict.

Brooks appeared in an orange Placer County Sheriff’s Office inmate jumpsuit during Monday’s hearing and smiled at his family, who was seated behind him in the courtroom. Ash’s wife, mother, sister and nephew also attended the hearing.

The retrial hearing is scheduled for Friday at 8:30 a.m. in Department 1 in Auburn. Brooks’ sentencing is scheduled for July 5 at 11 a.m. in Department 13.

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