Further proceedings ordered for man charged in 1987 kidnapping and killing of a Bay Area boy

A Solano County Superior Court judge on Friday ordered a -year-old defendant charged with the murder of a -year-old Vallejo boy to return for more proceedings in the capital scenario During the brief morning proceeding in Department in Fairfield Judge Wendy Getty narrated Fred Marion Cain III to appear for another proceeding at a m June when the judge and the attorneys in the circumstance will air a California Appeals Court s pretrial ruling and also likely consequence in a preliminary hearing setting Related Articles Body ascertained in Northern California canal in identified as man with East Bay ties San Jose cold-case inspection links baseball bat killing to deceased man July trial set for Bay Area man accused of killing missing wife on Valentine s Day Killer in Santa Cruz County cold affair identified through DNA evidence Remains of missing teen unveiled in South Santa Cruz County ID d years later A previously convicted felon Cain is charged with the Feb killing of Jeremy Floyd Stoner a crime with special circumstances They include kidnapping sodomy and committing lewd and lascivious acts on a child under years of age At his jail arraignment in with Chief Deputy Populace Defender Oscar Bobrow at his side Cain pleaded not guilty and denied all enhancements He also is represented by co-counsel Denisse Tanasa a deputy population defender Chief Deputy District Attorney Bruce Flynn represents the DA s Office During the proceeding Cain sat shackled once again in a wheelchair at the defense table his wispy white hair and beard grown longer over time Although Cain was arrested on the charges in September forward movement in the circumstance over the months has been stalled by the DA s assertion that the Residents Defender s Office representation of Cain presented a attainable conflict The perceived conflict stemmed not only from the development s special circumstances carrying the possibility of the death penalty but also from the fact that a previous suspect in the occurrence Shawn Melton who was twice acquitted of the charge several decades ago was represented by the Citizens Defender Flynn and other prosecutors believe Bobrow could argue third-person culpability to a jury asserting that Melton despite the acquittals was the actual killer instead of Cain Flynn required the General Defender to recuse itself from the matter and have the trial court appoint an alternate counsel qualified to handle capital cases But Bobrow has argued that no one in current times in the Masses Defender s Office has any connection to the previous trial Melton has since died and the defense attorney in the Melton event then Community Defender Peter Foor who later became a Superior Court judge has since retired Judge Getty granted the DA s motion for an alternative writ of mandate a type of court order to comply with the DA s request or explain why they should not be forced to comply Cain then filed an instant petition for extraordinary relief from that order according to a document from the First Appellate District Court of California In response the court on April granted Cain s petition because no conflict of interest in the present exists Sought to comment on the appellate court s decision Flynn commented in the email to The Reporter We accept the First District Court s ruling and are ready to move forward with the matter A previously published jail records show Cain was arrested a second time after being first taken into custody near Medford Oregon on a warrant served Sept in Red Bluff by Solano County Sheriff s deputies He was booked into custody in Fairfield without bail shortly after noon that same day Before Cain s second arrest certain additional details about the event emerged during a press conference called by Solano County District Attorney Krishna Abrams She recounted specific of the previously published details of Cain s Sept arrest news that gained statewide attention after the release of a press declaration Sept and a Reporter story posted online later that evening Abrams also provided new information about the event not mentioned in the prepared report including Stoner s name According to the criminal complaint Stone was killed on or about Feb in Solano County Additionally she cited previous felony convictions against Cain in Contra Costa County Superior Court on May He was exposed guilty of sodomy rape by the use of an intoxicating substance burglary and first-degree burglary Abrams also noted she reinstated the Cold Incident Unit in her office after being first elected in and credited new DNA analysis and two cold scenario investigators Steve Howisey and Kevin Coelho for working tirelessly to solve a incident she described as every parent s worst nightmare Stoner s death wracked the Vallejo society she added Howisey reported Abrams took another look at the event in October obtaining evidence that presented a match for the initial suspect in the incident Shawn Melton However after a trial and retrial with juries unable to reach unanimous verdicts he was published from custody and eventually exonerated So investigators determined DNA could lead to another suspect and it led to Cain who Abrams stated was initially interviewed after the killing on March but was not taken into custody Cain she announced did know the child and was not living in Vallejo at the time of the alleged killing Howisey and Coelho with members of the Jackson County Sheriff s Office arrested Cain at his home in Central Point just north of Medford on Interstate Coelho declared Cain was compliant with officers commands A former Vallejo police officer Coelho described the inspection as very lengthy recalling that the circumstance has been talked about for years by Vallejo officers and others He stated he took a personal interest in this circumstance In the initial press report Abrams noted Stoner was abducted near his home in Vallejo Four days after he went missing his body was discovered on Sherman Island in Sacramento County An autopsy revealed that the boy had been sexually assaulted At the press conference she provided additional details about why Melton initially was named as a suspect in the matter and arrested She explained Melton walked into the Vallejo Police Department and appeared to have his own investigative organization and provided information as Abrams explained only the person responsible for the child s death would know Abrams described The Reporter that given the charges against Cain he is eligible for the death penalty at this time but we will not make the final decision until after the preliminary hearing is concluded Gov Gavin Newsom in signed an executive order halting executions in California while he s in office but capital punishment convictions remain viable in the Golden State