Ivan Garcia Oliver, 31, is awaiting trial on charges of murder, burglary and causing injury to an elderly person for fatally stabbing 67-year-old Michael Dodele on Nov. 20, 2007.
A trial setting conference is scheduled for Feb. 1, according to Chief Deputy District Attorney Richard Hinchcliff.
Oliver is alleged to have stabbed Dodele at his home in the Western Hills Mobile Home Park in the unincorporated area of Lakeport after he saw Dodele on the California Attorney General's Megan's List Web site.
Shortly before his death, Dodele had moved to Lake County after serving 19 years in prison for a rape in Sonoma County. He was required to register as a sex offender under Megan's Law.
It's alleged that unclear wording in his listing – removed shortly after his death by state officials – led Oliver to wrongly conclude that Dodele had been in prison for a crime involving a child.
At the time of Dodele's murder, Oliver allegedly was in Lake County in violation of his parole for an assault with a deadly weapon conviction for a previous stabbing in San Diego County, according to state parole officials.
In December 2007, a Lake County Jail correctional officer allegedly found Oliver in possession of a shank he had made from a toothbrush, which resulted in another felony charge.
Oliver's case has had numerous delays, including his preliminary hearing being pushed back in 2008 due to his not having an attorney and also because he was undergoing trial for a federal illegal dumping case in San Diego County along with his half-brother, as Lake County News has reported.
He was sentenced in November 2008 to 15 months in custody for violating the federal hazardous waste law, according to the US Attorney's Office of the Southern District of California.
However, his preliminary hearing finally occurred last December, at which time Judge Arthur Mann ruled that Oliver would stand trial on all of the charges.
Trial had been set to start Feb. 23, but Chief Deputy District Attorney Richard Hinchcliff said the trial date was vacated after Judge Arthur Mann relieved defense attorney Komnith Moth and appointed William Conwell. Court records indicated that a notice of a defense conflict had been filed Dec. 2.
Conwell made his first appearance in the case on Dec. 14, at which time the Feb. 23 trial date was canceled, according to court records. Conwell is the fifth defense attorney to represent Oliver in the case.
Case files show the trial setting conference is scheduled for 8:15 a.m. Feb. 1 in Lake County Superior Court Department 3.
Earlier this year Oliver filed a federal lawsuit against the state of California, alleging that his civil rights were violated in the Lake County Jail, where he has been held for more than two years.
Court records indicate that Oliver alleged he was placed in a “sobering cell” without access to such basic necessities as food and water, that he was assaulted, and also was shackled and shocked numerous times by deputies.
He also claimed he wasn't provided with adequate medical care, that officials took him the hospital to have blood forcibly drawn, that he was falsely identified as a gang member and placed on administrative segregation, and that officials false charged him with possessing a weapon.
Oliver's case sought monetary damages and release from custody or placement in minimal custody housing.
US District Judge Maxine M. Chesney dismissed the case without prejudice because Oliver had not used the jail grievance procedure, claiming that the staff and administration don't properly exercise administrative grievances.
Oliver followed up with another complaint in October, stating that he hasn't been able to get a new pair of glasses through the jail's medical staff.
In November, Oliver filed another civil rights claim, saying he had gone through the jail appeal process and been turned down, and that he also had submitted a complaint to the Board of Supervisors, which he said had not responded.
In the most recent claim, Oliver alleged that jail officials weren't allowing him to have magazines – including “National Geographic,” “GQ,” “Esquire” and “People” – which he had been receiving between January and November of 2009.
Both his October and November complaints have not been resolved, according to federal court records.
E-mail Elizabeth Larson at firstname.lastname@example.org . Follow Lake County News on Twitter at http://twitter.com/LakeCoNews and on Facebook at http://www.facebook.com/pages/Lake-County-News/143156775604?ref=mf .