By Michael Wheeler
Monday—March 29
Contra Costa County Superior Court
Roselyn Poommai—Dept. 9: Roselyn observed many motions to waive time, the setting of trial dates, and various arraignments.
Fresno County Superior Court
Roseyln Poommai—Depts. 1, 31: In Dept. 1, the business consisted of defendants being arraigned and entering pleas. Dept. 31 also saw many arraignments, with some defendants failing to appear without cause, leading to an increase in their bail. One defendant expressed frustration that his case had not progressed after attempting to request documents for the previous 15 months, with the judge addressing those circumstances by moving the defendant’s next court date.
Sacramento County Superior Court
Ned Meiners—Dept. 9: A short schedule which was completed in 15 minutes, the most notable event was a motion to suppress which the district attorney needed time to respond to.
Roxanna Jarvis—Dept. 13: Roxanna only witnessed one preliminary hearing, for Dante Day. On Oct. 2, 2020, Day boarded a bus while saying “racist remarks about Donald Trump,” before pulling back the plexiglass protector between the driver and the passengers and punching him in a face a few stops later. 30 minutes after the incident, a suspect was arrested who matched the description of Day and was later positively identified by the driver. Although both police officers involved could not connect Day to the man they detained for the field lineup, Judge Matthew Gray issued a holding order on Day, with a trial to follow in May.
Michael Wheeler—Dept. 36: Michael observed the preliminary hearing of Richard Grimes, who is charged with three felony counts relating to a call to police for a domestic disturbance that turned into a brief confrontation with police. Upon arriving at the defendant’s house, officer Cody Spinelli made contact with the defendant, after which the defendant pushed the barrel of a shotgun through a crack in the door. A hunting dog owned by the defendant also escaped the house before being shot twice by another officer after charging. Defense attorney Mark Reichel argued that the defendant had no intent to assault the officers, which was countered by the prosecution. “There is no requirement that the defendant intend to assault peace officers, it’s just that he did so willfully.” Grimes faces trial on June 21.
Ankita Joshi—Dept. 60: Ankita witnessed a resolution hearing for defendant Amber Hong, accused of attacking and beating her husband while he slept. Although the victim managed to restrain Hong while the police were called, he suffered a head injury from the attack, and Hong pleaded no contest to the charges. She faces five years of formal probation, must complete the batterer treatment program, pay a to-be-determined amount in restitution, and stay away from the victim.
Derrick Pal—Dept. 61: Defendant Ralph Prescott was sentenced to five years of formal probation and had his driver’s license suspended for two years, or until he completed a multiple offender program, for multiple counts relating to a drunk driving incident on July 3, 2020. The judge expressed disbelief at Prescott’s BAC level of .30, saying, “Somebody doesn’t get to your level of blood alcohol unless they’ve had a lot of practice.” Prescott’s case will go to trial on May 3.
In the second case, the defendant’s bail had been set at $50,000 despite a recommended bail of $20,000 by the Sacramento bail schedule for their charges. Because the prosecution could not explain why the defendant’s bail had been set at the higher amount, Judge Timothy Frawley ordered bail reduced to $20,000.
Yolo County Superior Court
Ned Meiners—Dept. 8: Ned witnessed several defendants be sentenced. It was unclear whether or not Chelsi Lynn Coulter had served enough time to be freed or whether she would need to serve part of a two-year sentence for a parole violation, with another hearing to follow on April 26. Meanwhile, Jose Carlos Vazquez’s attorney successfully got the judge to take 224 days off of his own two-year sentence, arguing that time Vazquez had served in Stanislaus County jail should be taken into consideration.
Later in the schedule, one defendant had a settlement conference set for April 30, after having five separate charges for violating a protective order consolidated. Another defendant failed to appear. His attorney possessed only a home address and had been unable to get in touch with him.
Derek Chauvin Trial
Roselyn Poommai: Three witnesses were called in the afternoon of Chauvin’s trial. Jenna Scurry, a police dispatcher, testified that the dispatch had originated with a call about a drunk driver. Because she could hear unusual commotion in the background, she dispatched additional police to the scene.
Alisha Oyler recorded some of the incident on her phone after noticing that police were “messing with someone” from her job in a nearby store. She saw the duration of the disturbance, from George Floyd’s initial handcuffing to him leaving in an ambulance, although she struggled to recall some details.
The third witness, Donald Williams, observed the incident when he tried to enter a grocery store nearby. Because of his experience with mixed martial arts, the prosecution questioned Williams extensively about his own experience with using physical force, such as chokeholds. He discussed Chauvin’s chokehold and testified about the duration of the incident, including seeing Floyd’s death.
Tuesday—March 30
Sacramento County Superior Court
Although the defense asked for the felony charge to be downgraded to a misdemeanor, Judge Laurie Earl upheld the felony, agreeing with the prosecution that it was warranted given Perez’s long criminal history of drug and theft charges, as well as the sheer number of potential victims. The case is set to go to trial in May.
Michael Wheeler—Dept. 36: Two child molestation cases were set for trial after their preliminary hearings. Mario Martinez pleaded not guilty to one count of child molestation, abusing his daughter while they were sleeping together. During a pretext call recorded by the victim’s mother, Martinez both admitted to and denied molesting the victim, and “frequently asked if he was going to see his daughter again.”
In the second case, prosecution charged Emilio Lopez with seven counts relating to the molestation of his stepdaughter. The defense largely did not contest that the events in question had taken place, instead focusing on whether one charge of false imprisonment actually met the standard. This argument was rebuked by prosecutor Nancy Cochrane, saying, “That is a kidnapping, a potential kidnapping charge.” Lopez will face trial on May 29.
Yolo County Superior Court
Wednesday—March 31
Derek Chauvin Trial
Will McCurry: During his shift, witness Charles McMillian broke into tears while testifying. He had been driving past the incident when he saw George Floyd being led to a squad car by officers when he decided to pull over and find out what was happening. During his testimony, the prosecution showed a video clip of Floyd crying out for his mother while Chauvin placed pressure on his neck. McMillian, whose own mother died last year, related strongly to Floyd’s desire to see his mother in that moment and could not control his emotions.
Thursday—April 1
Derek Chauvin Trial
Friday—April 2
Sacramento County Superior Court
Will McCurry—Dept. 36: Nicholas Cafferty was charged with four counts relating to vehicle theft and his subsequent evasion of a police officer, which included a hit and run. Officer John Cumberland, seeing that it did not appear that Cafferty knew where he was going at 3 a.m. on Dec. 21, 2019, noticed that Cafferty’s vehicle’s registration had expired in 2012. After Cumberland tried to make a traffic stop, Cafferty accelerated through a fence to try and escape the officer. He will face trial in July.
Yolo County Superior Court
Alexander Ramirez—Dept. 1: Despite a relatively slow day, Alexander saw two more notable cases. In the first case, a criminal protective order was issued for a brother, the brother’s wife, and the mother of the defendant, but the mother had had it requested on her behalf without her consultation. After debate, the CPO was ordered.
In the second case, a parole representative asked the judge to order a defendant to be physically present in the courtroom for further proceedings, but, because of the special proceedings in the courtroom as a result of COVID-19, the judge stated that Zoom would be sufficient if the defendant had a good Wi-Fi connection.
Derek Chauvin Trial
Lovepreet Dhinsa: Lovepreet observed two witnesses testify in the Chauvin trial, both police officers. Sgt. John Edwards described the steps he took to secure the crime scene, including asking two officers to stay as an escort and canvassing the neighborhood for
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