By Alex Jimenez
OAKLAND, CA – In an Alameda County Superior Court hearing Friday, the brother of the accused, who is also the victim, pleaded to have a criminal protective order modified to allow his brother – who is dealing with a brain tumor – to come home now even though the case has not been resolved.
The judge, concerned that another attack may occur, wanted concrete evidence that the accused has changed his behavior, and refused to agree to the victim brother’s request.
(Note: The Vanguard does not usually disclose the names of those charged with misdemeanors and instead will refer to them as the accused.)
The accused in this case was charged with assault with force likely to produce great bodily harm, after a physical confrontation with his brother where the court issued a criminal protective order. Concerned with his brother’s living status, the brother formally requested to change the charges or modify the order because, “my brother has no place to go.” 
Judge Karin S. Schwartz questioned the victim brother asking what change in circumstance had occurred that would justify modifying the order.
He simply replied by saying he believes he has changed his behavior by attending drug addiction classes. The brother and Assistant Public Defender Nadia Kale believe the incident in question was drug induced.
But Judge Schwartz was concerned the incident happened just over a month ago and was worried that another incident would occur if the accused were to move back in with his brother, noting, “You understand that the charges here are serious. He’s alleged to have attacked you physically, the court is concerned because this is very recent.”
As the judge tried to get a further elaboration as to how the accused has changed his behavior, PD Kale stepped in and explained that the accused had an inoperable brain tumor and explained to the judge that the accused had exhibited an effort by attending every court date and is attending classes for drug addiction believing that drugs usage played a major role in the incident.
Deputy District Attorney Cathryn Dalton shared the judge’s concern that the assault occurred fairly recently but also acknowledging the challenges that the accused is facing.
At this point Judge Schwartz was not thoroughly convinced by the testimony alone and questioned how the brother had sufficient knowledge that a change in behavior had occurred in such a short amount of time.
“How can a victim ever have a compelling reason to the court to have (an order) modified if they are not able to have any contact with the victim but the requirement is that they have personal knowledge,” responded PD Kale.
At the end of the hearing, Judge Schwartz requested proof in the form of a progress report exhibiting evidence that the accused was attending drug addiction classes, but for now will hold off on modifying the protective order.
