Judge Has Own Ideas of Resolution of Case, but Defendant Quarantined in Australia

By Roxanna Jarvis

RIVERSIDE – A Riverside County Superior Court judge, as it turned out, had his own idea of how to resolve a simple resisting arrest case, arguing the defendant—with no record—should not be given probation but something lesser.

The bigger problem was that defendant Julie Adermann is stuck in Australia on a COVID-19 hold.

Her attorney, Andrea Dolan Bouchard (stepping in for John Patrick Dolan), requested a later jury trial date, explaining the unusual circumstances regarding her client’s lack of appearance.

The hearing took place via the video communications app Zoom, with all parties participating remotely. Live audio of the hearing was broadcast on the Riverside County Superior Court’s website.

“Ms. Adermann is still quarantined in Australia,” said Bouchard. “We are hoping to have more information toward the end of the month regarding her ability to return back to the country, or at least get out of the current country she’s in,” said Bouchard, adding settlement negotiations that have happened in Adermann’s absence.

Deputy District Attorney Adelaida Hernandez requested Adermann be given three years probation for the incident. Bouchard’s office had counter-offered with the suggestion of an infraction, noting that probation would be an issue for Adermann as she works in the medical field. But Hernandez rejected the offer.

According to Attorney Bouchard, Adermann was arrested shortly after attempting to visit her then-wife at the hospital. She was removed from the emergency room by a police officer. The officer (whose name was not mentioned) took Adermann out using a rear wrist lock.

It is alleged (by the officer) that Adermann attempted to turn her arm out of the wrist lock. “Now that we have the surveillance behind a very large cement pillar…you see on the video she is then thrown onto the ground and the officer puts his forearm into the back of her neck,” explained Bouchard.

Additional information was given by DDA Hernandez, but due to the poor audio quality from her microphone, only a few of her statements were clear. “This incident arose from a domestic violence charge,” stated Hernandez. According to Hernandez, Adermann was stopped by the officer because she was visiting the victim of that domestic violence incident, her wife at the time.

The judge, Dean Benjamini, then intervened, asking if Adermann has any criminal record. Both Bouchard and Hernandez acknowledged that Adermann did not have a record.

Judge Benjamini inquired once again, questioning why Adermann needed to be on probation: “Is there any reason she needs to be on probation to start with? That’s my first question.”

Hernandez attempted to answer Benjamini’s question, mentioning the possibility of receiving a different counteroffer, but she was interrupted by Benjamini’s own answer on the question.

“Based on what I heard, based on what I heard about the background, the fact that she has no criminal record—I don’t think this is something likely to recur. I don’t think she needs a probationary term, the judge said.

The judge indicated case disposition for Adermann’s charge of resisting arrest, meaning that she would not be given probation if she were to be sentenced. Instead, she could be given other forms of discipline, such as fines, fees, community service, etc.

Judge Benjamini set the next trial date for Sept. 25, providing Bouchard more time to gather the details regarding Adermann’s status. Bouchard hopes to come to a resolution with Hernandez by that time.

“I thought Australia was the opposite way. I thought they weren’t letting anyone in. I didn’t realize they’re not letting anyone out,” remarked Judge Benjamini.

To sign up for our new newsletter – Everyday Injustice – https://tinyurl.com/yyultcf9


Enter the maximum amount you want to pay each month
$USD
Sign up for

Author

  • Vanguard Court Watch Interns

    The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

    View all posts

Categories:

Breaking News Civil Rights Sacramento Region

Tags:

Leave a Comment