Judge Takes Woman Into Custody After Lengthy Preliminary Hearing

by Antoinnette Borbon

Monday ended the lengthy preliminary hearing of a woman accused of a violation of probation. Judge David Rosenberg held Laura Glover to answer for the three misdemeanor counts. But he not only held her to answer, he remanded her into custody after listening to testimony of two deputies, a security guard, and the defendant herself, talk about the incident that took place in a campsite on  May 31, 2013.

The woman was charged with resisting and delaying an officer, corporal punishment on a child, and being under the influence of alcohol while on felony probation. Judge Rosenberg dropped the false information charge.

Earlier last week, two deputies testified to finding a woman highly intoxicated, slurring words, and yelling obscenities at the trailer where she and her five-year-old were camping with a friend. Deputies stated they were summoned to do a welfare check on the child because a witness saw the woman yelling at the child and then slapping her more than a couple times.

The witness, who was a teen staying at the park, called security. As security arrived, he began questioning the little girl but the mother/defendant grabbed her daughter and went inside the recreational vehicle.

The security guard called the sheriff’s office to come out to do a welfare check. They testified that, upon knocking at the door, they found a highly-intoxicated woman who was slurring her words and appeared unstable. They asked if they could talk to the child but the woman told them to leave and she tried to shut the door on them.

The deputies testified to seeing the recreational vehicle in disarray, with stale food and empty alcohol containers. The deputies stated that the little girl appeared frightened and was crying. One of the officers testified to seeing a red mark on the child’s face. Both deputies stated they had identified themselves to the woman.

However, they testified that the woman refused to talk with the deputies, and once she did talk, she gave incorrect information and then tried to flee, attempting to headbutt an officer and resisting the officer.

The deputies caught her and placed her under arrest as the young girl watched. As they were taking her away, the woman yelled to her child, “This is your fault, look what you’ve done,” along with other profanities.

Defense Attorney Kitay put the defendant on the stand to testify. Once she was on the stand, he began asking her what happened that afternoon. She stated that she and a friend and their children split the cost to go on a camping trip. The defendant stated they took her friend’s boat and she had been water skiing early in the morning with her daughter.

She told the court she had had only two beers the whole day, the last one being right before she had lain down to take a nap. She stated she had asked her daughter to take out the trash but instead her daughter threw it on the floor, so she slapped her.

She said it was a light slap. But she never mentioned using any profanity. She stated this incident took place after she got back from the boat, around 1:30 pm. Sometime after she slapped her daughter, she found her daughter outside talking to a security guard. She grabbed her and went inside to take a nap in the recreational vehicle.

She said she was awakened by a loud knock. She went to answer the door and it was two uniformed men, who she thought were security guards. She stated, “I never heard them announce they were cops, I thought they were just security guards and do not recall seeing a duty belt or a sheriff’s badge.” She described them as being dressed in camouflage attire, with nothing indicating they were law enforcement.

She said she was scared and tried to shut the door and go back to sleep but one of the officers stopped her from shutting the door. She stated they saw the child was okay and should have just left, but they didn’t. She said she could not recall what they told her as to why they were there, but then she recalled they told her they were there to do a welfare check.

But in cross-examination, Deputy District Attorney Deanna Hays began with questions about the defendant’s drinking problems. Ms. Hays asked her about her past drinking problems. She asked the defendant how many beers she had to drink that day. The defendant kept saying only two. Ms. Hays asked her about being on probation and what it was for.

It was then that the defendant when into a rant about her past, stating, as she turned and faced Judge Rosenberg, “Okay, so here it is, yes, I have been an alcoholic but like the big book says, sometimes you go back to drinking one last time, and look at this, here I am, so I guess I drank out of impunity, your honor.”

Judge Rosenberg allowed her to answer.

As each question came at the defendant, she would answer it one way and then ask Ms. Hays to repeat the question, only to change her answer.

Ms. Hays asked her more than once if she saw a tag on the uniform that said “Sheriff.” She replied “I really do not recall.” The defendant was asked about the slap to her daughter’s face and why the defendant slapped her.

The defendant told Ms. Hays the same story about her daughter not taking the trash out. Ms. Hays asked her if she remembered yelling at the deputies, and resisting and delaying them when they tried to take her into custody, but she did not recall. Ms. Hays asked the defendant about the incorrect information given to police, but she stated once again, “I do not recall.”

In argument, the defense would state the laws permitting a welfare check. He stated case law which says there must be an immediate threat to a person. He sayid this was not such a situation. He then went on to state there was no evidence of corporal punishment on a child and that it was not a public place but the defendant’s place of residence, at the time while camping, and she had the right to drink.

DDA Hays came back with a strong argument stating the child suffered mental and emotional injury and that is within the scope of the corporal punishment laws. She reiterated what the defendant yelled at her little girl as she was being arrested and told the court this was emotional injury.

Ms. Hays stated there was evidence of a slap from the teen who witnessed it happening outside the recreational vehicle. She stated the defendant was belligerent and resisted, and delayed the deputies, using profanity that day. She asked the judge to hold her on charges.

Judge Rosenberg stated he felt the two deputies and the security guard’s testimony were honest but that the defendant’s was not, as she changed her answers several times when asked the same questions. He stated that there was enough evidence to prove the allegations and stated the defendant is a danger to the little girl and to others while under the influence.

But it was not the usual continuance of the case with an arraignment. Instead, Judge Rosenberg told the bailiffs to remand her into custody. He stated he felt she was dangerous and needed to be detained.

The defense attorney fought to keep her out, claiming his client had a business and needed to get some affairs in order before going into jail, but Judge Rosenberg denied his request.

The next court date for the defendant will be November 4, 2013, in Department 4.

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