Eureka attorney pleads not guilty to running a drug den
Completing his arraignment, a Eureka attorney pleaded not guilty Tuesday to three counts of drug trafficking after his challenge to the charge of running a narcotics den was shot down in court.
Judge Timothy Canning denied the demurrer filed by attorney Michael Acosta, 49, who is facing three felony charges — maintaining a drug house, selling illegal drugs and selling prescription drugs. The demurrer challenged the validity of the first charge because a drug house needs to be in continuous use for the sale of drugs in order for the charge to be valid, and the Humboldt County District Attorney’s Office only listed one date for that charge.
Deputy District Attorney Jane Mackie said the facts argued in the demurrer “would have to be in evidence at preliminary hearing, at trial,” and “that’s not what a demurrer is for.”
There are five specific criteria to successfully file a demurrer, Mackie said, such as the court doesn’t have jurisdiction over the case or the facts don’t constitute a public offense.
“None of these things apply here,” she said. ” … The complaint is legally sufficient.”
Acosta argued that the length of time was an important element of the charge and the fact that there was only one date listed for the charge made it problematic. However, Mackie argued that those kinds of facts would be up for debate at the preliminary hearing.
“I sort of understanding Mr. Acosta’s argument as far as not having the dates alleged as far as the continuous maintaining of a place for selling or using controlled substance,” Canning said. “But because of the very lax standards for pleading, especially in a criminal case, the court is going to overrule the demurrer.”
After the demurrer was denied, Acosta pleaded not guilty to the charges filed against him.