By Heather Hamilton
SACRAMENTO – It’s a site often seen in court—in-custody defendants frustrated by how long it takes for them to get their proverbial “day in court.” But the wheels of the system can move slowly, especially for those locked up pretrial without being convicted of anything.
It was pretty much that story Monday when a defendant accused of rape, in custody since Jan. 19, learned his attorney could not appear because of another case and the defendant has to wait yet another month for his trial.
Shauku Barksdale is known to the court by at least 11 different names, including Frank Moore, Tony Stevenson, and Rubin Johnson. He was present in Sacramento County Superior Court in front of Judge Patrick Marlette.
Against Barksdale’s objection, Marlette granted an extension and set a new trial date for October 19.
As soon as Barksdale entered the courtroom, he wanted to address the court. The judge quickly jumped into his spiel about why defendants shouldn’t address the court directly.
“Defendants get themselves in trouble in court all the time. It’s like Trump talking to the Washington Post reporter,” he told Barksdale.
Barksdale knew and understood what the judge was saying, but insisted that what he had to say was intended to be on the record. He wanted to tell the court that his attorney was given 30 days to prepare a case, but instead was asking for more time.
Criminal defense attorney David Bonilla is handling the case, but defense counsel Megan Virga was standing in for him Monday because Bonilla is currently in trial on a different matter. The judge explained that Bonilla can’t represent Barksdale while he’s in trial for another case.
Barksdale then asked if he has a right to a speedy trial.
The judge told Barksdale that he must understand that when a lawyer is in trial that’s where they will focus their attention, and when they are not in the trial, they will be focused on preparing their case.
“You can have a speedy trial, but you’ll go with a lawyer who’s not prepared to defend you,” warned Judge Marlette.
The judge said that he would let Bonilla know that Barksdale was upset, but that he couldn’t pull him out of the other case.
“It feels like my due process, my 14th Amendment, like everything is being violated,” Barksdale said. He reminded the judge he had already been held in custody for eight months. Barksdale didn’t mention that six of those months were during the deadly pandemic.
But the judge was done hearing from Barksdale, and said that any complaints would need to be directed toward his attorney and that the attorney could schedule a motion on his behalf.
Marlette moved the conversation along and asked substitute Virga for the attorney’s requested date. Since Bonilla is in the current trial until October 15, his next available trial date is October 19.
“Over Mr. Barksdale’s objection, I will find good cause,” the judge said, as he added Mr. Barksdale’s trial to his calendar.
Deputy District Attorney James Wax wanted to point out, for the record, that the trial date falls within the window of the most recent 30-day extension. He wanted to make sure that was on the record for any future confusion.
Barksdale disagreed, claiming his attorney was appointed June 25. “The calendar days shows that the 21st is 61 days,” he explained.
The judge had heard enough. The timing issues are a conversation for the attorney, not for the court, he concluded.
“That’s all I can tell , sir. I got no more for you,” said Marlette before Barksdale exited the cage in the courtroom back to his cell
Barksdale will have his trial date after about 10 months in custody, although a little more than half of that because of the court’s months-long pandemic closure.
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