The man convicted of killing volunteer Fortuna fireman Tim Smith could receive a new trial after a judge today found the defense had presented enough evidence to call for an evidentiary hearing into jury misconduct, according to news reports.
Jon David Goldberg, who was found guilty of second-degree murder in March
for fatally shooting Smith outside of his Rohnerville Road home, had been scheduled to be sentenced at today’s hearing. He faced 40 years to life in prison.
Instead, the Lost Coast Outpost
report, after reviewing a motion by Goldberg’s attorney Casey Russo alleging prosecutorial and jury misconduct, visiting Judge Graham Cribbs said there was enough information to hold an Oct. 15 hearing on the latter but found no indication of misconduct on the prosecution’s part.
Both outlets reported that the 12 jurors will be brought in to court and questioned.
Goldberg reportedly killed the 42 year old in September of 2016
after learning Smith had been having an affair with his wife.