Defense attorney calls police reports related to Carmignani Marina District assault 'shocking'

Hathaway stood in the hallway of San Francisco Superior Court, talking with reporters after her client's preliminary hearing was delayed by 24 hours at the request of San Francisco District Attorney Brooke Jenkins.

"When I first spoke with you all [the media] I said this was going to be a case of self defense and that was before we knew much of what we have learned in the last 24 hours," Hathaway said."It's dismaying to find that the prosecutor is continuing with the prosecution in light of the fact that the district attorney and police now have reason to believe that Mr. Carmignani was involved in eight separate acts of violence.

During her afternoon press conference Wednesday, Jenkins mostly addressed the case against Doty and said that police have not submitted any video to her office for charging purposes. In his first public statements since the attack on Tuesday, Carmignani told KPIX the District Attorney's office had alerted his lawyer that they will be moving to dismiss the case based on new evidence that they have received - video of a person prosecutors claim is Carmignani using bear spray against homeless people in another incident.Carmignani denies he is the person in the video and said the decision to dismiss the case came as a surprise to him.

Carmignani's attorney said the assistant district attorney said the office now considers the incident self-defense and indicated other evidence of attacks on homeless people believed to have been committed by Carmignani has led to the decision to dismiss the case.

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