Mr. Hurst was excused, and the court asked the people next if they had any additional witnesses or evidence by the people? Prosecutor Welch stated no. The court then asked Barbara Bratton’s attorney if there was any affirmative evidence on behalf of Ms. Bratton, the attorney stated no. The court then asked if there were any MOTIONS? Prosecutor Welch replies Yes, your honor, the people move that the defendant be held to answer for any and all charges and allegations as presented by the evidence. The court stated, so we have FORGERY ON FILING A FALSE DOCUMENT AND FORGERY ON THE WARRANTY DEED.
Barbara Bratton’s Attorney then noted that he did not believe California PENAL CODE 115 (A), Procuring or offering false or forged instrument for record, could be reduced to a misdemeanor or he would be making the same argument as to Count 2 and 4. As to Count 5, Second Degree Burglary, I don’t believe there is sufficient evidence that it was my client who entered and filed the documents at the recorder’s office. There is an indication that somebody filed it at the counter, and there is an indication that it’s my client’s signature, according to the testimony of the detective. Despite this, the detective did not clearly establish that it was my client that entered the building and filed those documents. So, I believe my client should not be held to answer to Count 5.
The prosecution responded that they wished to be heard in regard to count 5. Prosecutor Welch stated that they clearly established it was Barbara Bratton who signed these documents by the notary. Even if it was actually and physically her sister, or her mother, THE BOTTOM LINE IS THAT IT WAS DONE AT THE INSTRUCTION OF BARBARA BRATTON, SO AT LEAST SHE IS CULPABLE FOR THAT AS AN AIDER AND ABETTOR.
