Update on New Marin County Trial of Dr. Simon by Prosecutor Berberian

District Attorney Edward Berberian initially charged Simon with attempted voluntary manslaughter and assault with a firearm. But at the preliminary hearing last month, Judge Kelly Simmons ruled there was insufficient evidence to justify a trial on those charges.

Berberian then took to case to a grand jury, which produced the new charges last week. In grand jury proceedings, the prosecution presents evidence without rebuttal or cross-examination by the defense.

The new case has landed before Judge Andrew Sweet. In courtroom remarks Wednesday, Sweet revealed that Berberian asked the grand jury to indict Simon on the same charges that failed before. The grand jury would not indict on those charges but signed off on the others.

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