By Anais Cortes
SACRAMENTO – Private defense attorney Todd Leras knows his way around a courtroom—he may have been admonished by a judge here Wednesday in Sacramento County Superior Court, but he won more time to prepare a strong defense for his client.
Leras, a former Sacramento County District Attorney of the Year, U.S. Attorney and candidate for District Attorney, stubbornly maintained that Deputy District Attorney Sterling Wilkins had not been in communication with him about the day’s scheduled preliminary hearing for Hector Sanchez-Carbaja.
Judge Helena Gweon, after a spirited give and take between opposing counsel, agreed with Leras.
Leras asked for another continuance, citing the unavailability of his investigator. DDA Wilkins quickly shot down his request, claiming the prosecution had been ready on this case “since February.”
Sanchez-Carbaja is charged with a felony and a misdemeanor from August of 2019. His initial preliminary hearing date was scheduled for late February, but due to COVID-19 was continued multiple times.
When asked for his reason for requesting another continuance, Leras explained that he needed further investigative work to be completed by a retired police officer who is older; Leras said his age puts 
him at high risk for contracting COVID-19, and “while the pandemic is raging he can’t do those things.”
Wilkins said, “I understand the health limitations imposed on the investigator due to the pandemic, but there are other investigators who could be hired.” He argued the factual circumstances of this case are, “not up for dispute,” as the incident was caught on body cam footage by the responding officers.
“I don’t see what aspects of this case need to be further investigated,” continued Wilkins, “We’ve continued this multiple times and I think it’s time this case finally goes forward.”
Leras sarcastically responded, “Oh, how nice for the People! I’m the one defending this case… I don’t care what he sees. I was courteous enough to send him an email warning him ahead of time, and he never responded to that email.”
Leras added that he could not proceed on the case until the investigation had been completed, and that it wasn’t his fault the prosecutor was ready with witnesses today when Leras had previously communicated with him that he would not be able to proceed.
At this point Judge Gweon stepped in, presenting Leras with two questions: “Is this investigation something that is necessary for a preliminary hearing? Is there another investigator you can utilize the services of?”
Leras explained that he only uses the services of retired police officers, all of advanced age. He continued defending his reasons for requesting another continuance, stating, “Right now I’m not sending officers out to make face to face contact with people because of COVID.”
The judge scoffed, reminding Leras that the courts were able to find a way around face to face contact.
Leras pushed back, explaining that the work he needed his investigator to do is not something he could do over the telephone. Leras also cited what he believed to be “a major issue with this case. There was good reason for the traffic stop, but not for the subsequent search. This goes to the basis of—is there a suppression motion that is involved here? That’s what this investigation is about.
“That’s why I alerted Mr. Wilkins ahead of time that I was going to be requesting this continuance—so that the People wouldn’t be inconvenienced, but he did not do me the courtesy of responding one way or the other. So, I find myself in the position this morning where I’m sitting here and the People are opposing this continuance without having told me they were going to be doing so until this morning,” Leras added.
DDA Wilkins told the judge that the investigation Leras wanted to conduct was only for the misdemeanor charge, not the felony charge. He also said that interviews with the witnesses as well the events of the night are all recorded on body cam footage—which Leras already has. He noted he had filed “READY” 5 days ago with the court, listing all the witnesses he had planned on questioning today.
Judge Gweon admonished defense attorney Leras, saying, “I understand. I don’t think it’s helpful to the court’s decision when counsel are making personal attacks on opposing counsel. So, I am going to admonish you not to do that.”
However, she then agreed with Leras that Wilkins should have sent a response email—Leras’ point from the beginning.
And, in conclusion, Leras was given the continuance he desired over the objections of the DA’s office, where Leras used to work. The parties agreed to pass scheduling until they discussed dates with witnesses.
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