Driver Asks for Dismissal in Deaths of Two Teens

COURT HOUSE – The attorney representing Joshua Malmgren, the Villas man charged with the July 31 deaths of two teenaged cousins as they walked down Bayshore Road in Green Creek, filed two notices of motion March 28 asking the court to dismiss the indictment charging his client with the deaths as well asking for a change of the trial’s venue.
Originally scheduled March 21, Malmgren’s appearance before the court was postponed one week after the March 17 death of his mother.
During his appearance before Superior Court Judge Patricia Wise, Malmgren stood silently as his attorney spoke. Malmgren has been charged with first-degree manslaughter in the deaths of the two girls.
“We filed two notices of motion today,” defense attorney Brian Pelloni told the court.
Wise informed Pelloni and Prosecutor Robert Johnson the court’s schedule was full, necessitating the motions to be heard at a later than normal date.
According to Prosecutor Robert Johnson, motions made in the case by the state are lengthy, with several involving multiple witnesses.
“We have a pretty packed trial list for the summer as well,” said the judge. “My trial schedule is pretty tight up until Aug. 12.”
“I’m in a tough situation because I’d like to have a much earlier date,” said Johnson, adding he was trying another homicide case in May that would take up a “significant portion” of time.
The judge named Aug. 6 and 7 as the dates the motions would be heard.
In addition to motions, Johnson told the court he had shared two outstanding items of discovery with the defense. One, a tape from a police car that responded to the scene was enhanced by having background noise removed. The other item is a second expert report dealing with the combination effects of the drug and alcohol as well as prescription medications the defendant was taking.
Johnson told the Herald he was not surprised by the defense’s request to have the indictment dismissed and the venue changed.
“It is a normal practice.”
Johnson said he anticipates the case going to trial.
When asked if he expected a plea bargain in the case, he replied, “That’s just how it is,” he said. “We’ve been unable to reach an agreement.”