By Julietta Bisharyan
EUREKA – After much consideration today in Humboldt County Superior Court, Judge Kelly L. Neel decided to release a defendant on his own recognizance after learning about a positive coronavirus case in the Humboldt County Correctional Facility.
The defendant, Jose Martinez, was assisted by a Spanish interpreter and was charged with the possession of controlled substance with the intent to sell, and transportation of narcotics.
On Jul. 7, 2020, at about 7:30 p.m., detectives with the Eureka Police Department’s Problem Oriented Policing team contacted Martinez with a warrant for his arrest, stemming from a January case for sale of heroin. He was then taken into custody on the warrant without incident.
As the detectives searched Martinez, they discovered seven ounces of heroin and a set of car keys for a nearby vehicle. After a search warrant was obtained for the car, 3.3 pounds of heroin was found under the passenger seat, as well as a laundry list of drugs, including an additional 16 ounces of heroin, two ounces of methamphetamine and 11 grams of cocaine. The amount of $3,600 was also located and seized for asset forfeiture.
Considering the felony charges and the defendant’s past three failures to show up in court, Deputy District Attorney Steven Steward argued that the court should deny supervised release for 
Martinez.
Defense Attorney Christina Allbright quickly disagreed.
“While I’m sure the court is aware of it, we now have a positive test from a correctional officer in our facility,” Allbright said. “I think it’s more appropriate that my client be released into the community under strict conditions so that we can reduce the risk of him being infected with a life-threatening illness.”
The aforementioned correctional officer was tested for the virus during a routine medical screening at Humboldt County Correctional Facility. Although he is reportedly asymptomatic, he will be undergoing a 14-day quarantine period as required by the Public Health Department.
Three other correctional deputies, who had direct exposure to the infected individual, are also undergoing a temporary isolation as they await the results of their COVID-19 tests.
According to Allbright, probation also recommended release for Martinez with the conditions of the supervised program.
Back in 2002, Martinez was charged for falsely reporting a crime. In 2005 and 2015, he was convicted for inflicting corporal injury on a spouse or cohabitant, one being a felony charge, and that gave the court a reason to pause.
“I am very reluctant to follow the recommendation of the probation department,” the judge admitted, after hearing about Martinez’s criminal history.
Allbright argued that Martinez’s record is fairly old and that his recent charges are non-violent offenses.
“While I understand the concern about contraband in our community, I think we need to weigh the risks,” added Allbright.
“Given that these are non-violent offenses—despite the enormous quantities—and the current pandemic, it is with great reluctance that I will follow the recommendations of the probation department,” Judge Neel concluded.
The court then informed Martinez that he is subject to search and seizure, day or night, with or without a warrant. If he is arrested again, he can be charged with enhancements that can increase his potential jail time if he is convicted. Probation may also place an electronic monitor on him if they have concerns about his whereabouts.
A preliminary hearing has been set for Aug. 18, at 9:15 am for Martinez and his alleged co-defendant.
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