Uploaded January 2026 | Updated September 2026, 7 minutes ago
I thought I would check the docket. There is a 12b(6) dismissal motion pending by Agnes Bothelho, the prosecutor in the Chille DeCastro lawsuit against her and Judge's Zimmeran and Leavitt. This motion was to be opposed by December 29, 2025, and no opposition was filed according to today's review of the docket. The judge can treat the motion as unopposed and dismiss the case. I did a review of my earlier video three months ago where I showed you that Agnes would take a prosecutorial immunity defense, and her motion even cites to the main case I used in that video, and also adopts the "functional test" I discussed as well. Chille only alleges a few things against Agnes, and is suing her due to "vindictiveness" for no recommending jail time and then changing her mind at the bail hearing. From my vantage point, that falls under prosecutorial immunity since it was during an advocacy function. We'll need to see if Chille files an opposition, even if late. Better to do that, and possibly argue that he could amend and bring in actions she took that are under "qualified immunity," as then it would be a factual issue to resolve. Right now, it looks like a pure question of law.
I thought I would check the docket. There is a 12b(6) dismissal motion pending by Agnes Bothelho, the prosecutor in the Chille DeCastro lawsuit against her and Judge's Zimmeran and Leavitt. This motion was to be opposed by December 29, 2025, and no opposition was filed according to today's review of the docket. The judge can treat the motion as unopposed and dismiss the case. I did a review of my earlier video three months ago where I showed you that Agnes would take a prosecutorial immunity defense, and her motion even cites to the main case I used in that video, and also adopts the "functional test" I discussed as well. Chille only alleges a few things against Agnes, and is suing her due to "vindictiveness" for no recommending jail time and then changing her mind at the bail hearing. From my vantage point, that falls under prosecutorial immunity since it was during an advocacy function. We'll need to see if Chille files an opposition, even if late. Better to do that, and possibly argue that he could amend and bring in actions she took that are under "qualified immunity," as then it would be a factual issue to resolve. Right now, it looks like a pure question of law.
