The hearing for Robert Duane Brians, 47, had been set for Tuesday, but he waived his right to have it until April 7 in San Diego Superior Court.
Brians and his two daughters, both 2, miraculously survived the June 13, 2020, crash at 4:30 a.m. in which all three were rescued in the water near Brians’ crumpled truck in the ocean.
Brians apparently intended to commit suicide and he is charged with two counts of attempted murder of the two toddlers. He is also charged with two counts of kidnaping, child endangerment, child abduction, and felony child abuse.
San Diego Police officer Jonathan Wiese described his actions in rescuing the children and Brians in a July 3 interview in the Peninsula Beacon with reporter Dave Schwab.
The truck was upside down in the water, but Wiese said he could see Brians and the children outside the truck. Other police, firefighters, and lifeguards also assisted in the rescue.
Deputy District Attorney Scott Pirrello said the April 7 hearing will last a full day. The attorneys appeared remotely on video screens and Brians was seen on a video camera from the Vista Detention Facility because the court is partially closed due to the coronavirus.
Judge Laura Halgren set another hearing for Jan. 12 regarding lifting a protective order that prevents Brians from communicating with his wife. His attorney told the judge it was important that Brians be able to talk to his wife on the phone concerning the sale of their house.
Brians is also charged with burglary in which he took his children from their home, and battery of his wife in a separate incident on April 18.
Brians has pleaded not guilty to all charges. He remains in jail without bail.