A repost:
Here are some threads which included: 1) the original court info (also added below) 2) videos of Kevin Moore's preliminary findings (some include transcribed notes) 3) other points of interest.
Court of Appeal, First District, Division 1, California.
Mark RICHARDS, Petitioner, v. MARIN COUNTY SUPERIOR COURT, Respondent.
PEOPLE of the State of California, Real Party in Interest.
AO 22029.
Decided: August 22, 1983
Carl B. Shapiro, San Anselmo, Dennis P. Riordan, San Francisco, for petitioner. John K. Van De Kamp, Atty. Gen., Thomas A. Brady, Charles J. James, Deputy Attys. Gen., San Francisco, for real party in interest.
By his petition for writ of prohibition and/or writ of mandate, Mark Richards challenges three of four special circumstance allegations pleaded in an amended information filed against him in Marin County Superior Court. Richards is charged with violations of sections 187 (murder), and 459 (burglary) of the Penal Code.1 Four special circumstances are alleged: (1) murder for financial gain (§§ 190.2, subd. (a)(1), and 190.2, subd. (b)); (2) murder while lying in wait (§§ 190.2, subd. (a)(15), and 190.2, subd. (b)); (3) murder during the commission of burglary (§§ 190.2, subd. (a)(17)(vii), and 190.2, subd. (b)); and (4) murder during the commission of a separate burglary (§ 190.2, subd. (a)(17)(vii), and subd. (b)).2
Following denial of his section 995 motion, Richards sought timely relief from this court (§ 999a). He challenges only the lying in wait and burglary special circumstance allegations.
We issued a stay of petitioner's trial and an alternative writ in order to review the issues raised by the petition.
As will be seen, we agree that the evidence presented at the preliminary hearing and reasonable inferences therefrom will not support the allegation that the murder was committed “while lying in wait,” and we issue our writ accordingly. In all other respects, however, the petition is denied.
A review of the factual context as presented at the preliminary hearing shows the following.
The victim, Richard Baldwin, was an acquaintance of both petitioner and his accomplices, Crossan Hoover and Andrew Campbell. Campbell, who was 17 at the time of the preliminary hearing, worked for petitioner in the latter's construction business. In early July of 1982, Campbell and Richards were working at Baldwin's home, adding on to the garage. Approximately three weeks prior to the day Baldwin was killed, Campbell first learned from Richards of the latter's plans for the murder. The subject arose between Richards and Campbell on more than one occasion and, around the first of July, Richards allegedly became more specific. Richards explained that Baldwin owed him money and that he had thought of killing him previously. His plan, as presented to Campbell and Hoover, was this: The three would go to Baldwin's house to work; Campbell would stay at the house to keep it open, while Richards and Hoover would entice Baldwin to the latter's garage-shop, where they would lure him out of sight and kill him with a convenient heavy object. Meanwhile, if the opportunity presented itself, Campbell was to go into the house and inventory it for items to sell at a later date. Richards promised Campbell $2,000 for staying at the house and Hoover $5,000 for assisting in the actual killing. Further, Richards promised that the three would split Baldwin's possessions equally, and told Campbell Baldwin owned many cars which they could sell, along with machinery and tools from the shop.
Richards' plan, as presented to Campbell and Hoover, was apparently not of recent origin. In May of 1982, he allegedly approached another of his construction employees, William Robles, about killing Baldwin, telling Robles he was going broke and needed money fast, that Baldwin kept all of his money with him at home, and, in addition, had many cars at his garage, including a Rolls Royce, all of which could be sold. Robles told petitioner he would think about it, but joined the Navy in late June, disappearing from the scenario.
One Thomas Mills went to Baldwin's home to visit him on the morning of July 6, 1982, and while there saw Richards, Hoover and Campbell. When the three returned from a lunch break, Mills was about to leave. During their lunch break, according to Campbell's testimony, the trio discussed their murder plan, and agreed on certain refinements. Thus, upon their return, they planned to talk with Baldwin “calming him down,” and to inquire whether he had plans for the week of his murder, lest he be missed and suspicion aroused. If Baldwin had no plans, Richards and Hoover would persuade him to take them to his shop on the pretext that some of Richards' tools were there, while Hoover would indicate interest in seeing some of Baldwin's old cars. Richards told Hoover to use any heavy instrument he could find in the shop to kill Baldwin. Richards did not want to use a gun as it would make noise and leave traceable bullets, nor a knife, being fearful it might not kill Baldwin cleanly.
[continued]
Link #2:
Richards v. Superior Court (People) (1983)
[No. AO22029. Court of Appeals of California, First Appellate District, Division One. August 22, 1983.]
MARK RICHARDS, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY,
Respondent; THE PEOPLE, Real Party in Interest.
Re: Problems with Mark Richards' SSP testimony to Kerry Cassidy
Posted by Bill Ryan (here)
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Thank you for those kind words, Geoff. 
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