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Lawyer attempts citizen's arrest in court; his attorney client calls murder charge 'stupid'

A California lawyer charged with murder called the charge “absurd and stupid” in a court hearing last Thursday after one of the lawyers representing him was escorted out of the courtroom for trying to make a citizen’s arrest.

The accused lawyer, Frank Carson of Modesto, pleaded not guilty to charges of murder, conspiracy to obstruct justice and perjury, report the Modesto Bee and the Turlock Journal. Prosecutors allege Carson led a conspiracy to murder a scavenger he believed responsible for thefts from his property.

Before the hearing began, a lawyer on Carson’s defense team, Stephen Schmid, tried to make a citizen’s arrest of an investigator for the prosecution. Schmid maintained the investigator had no right to have a gun in the courtroom.

According to the Turlock Journal, the visiting judge handling the case, Barbara Zuniga, had ruled on Sept. 25 that the investigator was a peace officer and had a right to be armed. Schmid had argued Carson didn’t feel safe being in the courtroom with the armed investigator, a defendant in a civil suit filed by Carson.

On Thursday Schmid stood, demanded that the investigator remove his firearm, said he was making a citizen’s arrest, and ordered bailiffs to aid in the arrest. The bailiffs refused and eventually escorted Schmid from the courtroom. Schmid was eventually allowed to return to the courtroom.

Defense lawyers are asking Zuniga to toss the Stanislaus County District Attorney’s office from the case because of what they say is long-standing animosity between the DA and Carson.