By Haroutun Bejanyan
Miguel Antonio Pargaz and Deidre Marie Balderrama, a couple from San Jose, in Santa Clara County, who had been arrested in Yolo County for possession of drugs for the purpose of sale, were also facing charges of transporting a controlled substance across non-contiguous county lines during their preliminary hearing on January 14.
Defense attorney Jeffrey Raven represented Pargaz while Deputy Public Defender Stephen Betz represented Pargaz’s girlfriend, Balderrama.
Prosecuting attorney Kyle Hasapes had only two witnesses to present, the arresting officer, Sheriff’s Deputy Jack Schubert, and Deputy Gary Richter, a YONET (Yolo Narcotic Enforcement Team) agent, who would serve as an expert testifying on the sale and use of methamphetamine.
Deputy Schubert was asked to recount the night of the arrest on May 26, 2015. The incident was initiated when Dep. Schubert noticed a blue Ford Explorer with an expired license plate sticker parked at the pilot center in Dunnigan.
At 9:40 pm he made contact with the vehicle, which was occupied by both defendants. When asked by the deputy whether there were any drugs in the vehicle, Pargaz replied that they one “blunt” in the center console.
Upon Pargaz’s response, the deputy asked both defendants to step out of the vehicle and he conducted a vehicle search. A purse belonging to Balderrama was found in the back seat. Inside the purse, Dep. Schubert uncovered four bags containing: 26.45 grams of meth, 1.56 grams of meth, 2.58 grams of cocaine, and 4.25 grams of marijuana.
Further inspection revealed a backpack in the trunk compartment containing a digital scale with white and green residue and 17 individual small baggies.
Both defendants were searched twice. The first time Pargaz was searched he turned out clean, however, during the second search, Dep. Schubert located .66 grams of meth in a bag identical to those in the backpack.
While Deputy Schubert was transporting both defendants to the police department, Balderrama made a few particular comments that caught his attention, stating, “I know how much we had. If I find out you listed more weight than we had, I will report it. There was money in the car. Did you take it? I know how crooked cops are.”
In addition to a cellphone, a smoking pipe also belonging to Balderrama was found, and she admitted to smoking meth from it shortly before the deputy had made contact.
On the cellphone were text messages that the prosecution hoped would provide strong evidence to support their cause. However, Deputy Schubert did not himself personally view the text messages, but rather spoke to Deputy Charles Hoyt, who had reviewed a report conducted by the crime scene investigator, who did view the messages.
During his testimony regarding the text messages, Deputy Schubert kept asking to refer back to Deputy Hoyt’s report, which itself was a review of the CSI’s report.
Defense attorneys Raven and Betz simultaneously made objections to Deputy Schubert’s testimony, for two layers of hearsay, since it was a reading from Deputy Hoyt’s report that was based on another report.
Judge David Rosenberg sustained the objection and reminded Hasapes that his witness is only allowed to testify from his own recollection alone.
Hasapes proceeded to ask what the text messages specifically said, but Deputy Schubert was struggling to recall based on memory. He managed to mention two of the text messages by again referring back to his notes. The text message from May 22 read, “Any s*** left? I’ll trade black for it.” while the text message from the 26th read, “Are you coming to town? I have a zip. My guy has that fire.”
The defense made the same objection as before and succeeded. Judge Rosenberg sustained once again, warning the prosecution, “If this witness keeps refreshing his memory, his testimony will be stricken.”
When the preliminary hearing was momentarily put on hold for Judge Rosenberg to address another matter, Deputy Schubert attempted to inconspicuously glance at his notes.
After the hearing resumed, defense attorney Betz stated that he had noticed the witness sneaking looks at his notes during break. Under oath, Dep. Schubert admitted to the accused act.
Deputy Schubert’s testimony regarding the text messages on Balderrama’s cell phone was stricken from the records.
In closing, Jeffrey Raven stated that there was no evidence to suggest that the drugs were purchased in San Jose and transported to Yolo County. The drugs could have very well been purchased in Yolo County at the pilot center, which is known for its heavy drug activity.
Although Judge Rosenberg ruled that there was sufficient evidence to hold both defendants to answer for the possession of methamphetamine with intent to sell and the simple possession charge of cocaine, the transportation of controlled substances across non-contiguous counties was dismissed on the grounds of insufficient evidence.
Arraignment date is set for January 29, 2016.
The Vanguard and the author would like to make the following correction, with apologies for the error: The judge presiding over this hearing was Judge David Rosenberg.
Another yolo county special, this time the judge can’t even hold them to answer on a critical charge