Alleged gunman at Chabad arraigned in federal court

SAN DIEGO (SDJW) — The alleged shooter at Chabad of Poway was arraigned in federal court on Tuesday on 109 hate crime charges. These were in addition to one charge of murder, three charges of attempted murder, and one charge of arson filed against him in San Diego Superior Court.

U.S. Magistrate Michael Berg entered a plea of “not guilty” for defendant John T. Earnest during Tuesday’s proceedings. In addition, Berg appointed Kathy Nester, the head of Federal Defenders of San Diego, to represent Earnest. He also ordered Earnest, who already has been denied bail by the state, to be held without bail at the federal level

Earnest’s two trails will proceed almost simultaneously. Berg set a preliminary hearing in the federal case for May 28, with an additional hearing to be held June 4 to entertain a motion by Nester to appoint a co-counsel.

Meanwhile in San Diego County Superior Court, a May 30 hearing will be held to determine if prosecutors and defense attorneys are ready to proceed to trial. If they are, a preliminary hearing on the murder, attempted murder, and arson charges will be conducted on July 8.

There were 54 persons present inside Chabad of Poway on April 27 when the alleged gunman burst in and started shooting. Charges of interfering with each of their religious practices were preferred against the defendant, and additionally he was charged with a hate crime against all 54 worshipers. The 109th charge was for an attempted arson a month earlier at the Islamic Center of Escondido.

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Preceding based on information provided by the U.S. Attorney’s office, and previous news reports.