By Gracy Joslin
WOODLAND, CA – An accused was direct in her court appearance here Wednesday, charging “this is the thing that is frustrating me… I just feel like this case has been dragging on for almost three years…”
Yolo County Superior Court Judge Timothy L. Fall, after complaints from the accused, admitted “I agree this case should have been done about two and a half years ago.”
Back in 2019, the accused (the name is redacted because it’s a misdemeanor) was charged with child endangerment and showed up to court thinking she would have sentencing take place and formalize the two-year plea deal she signed.
However, in Judge Fall’s opening statement he told lawyers that “the paperwork we all received says that the sentence cannot go forward as plead…I am rejecting the plea as unauthorized by law.”
Deputy District Attorney Preston S. Schaub acknowledged the error on his end, noting “when I reviewed the statute, my brain failed me on common math…That was my fault,” he said, apologizing to the court, counsel and accused for missing the technicality in the plea.
Judge Fall had to push back sentencing and schedule the next court date, which will be a trial setting hearing for May 4 and added, “I expect that the two of you are going to burn up the phone lines with each other every day if necessary, to have this ready that morning for me to take the plea.”
If the parties cannot come to a legal plea agreement by then, Judge Fall warned, “I am rejecting any plea and I am setting the case for trial.”
Before moving to the next case, Judge Fall allowed the accused to address the court in which she expressed her concern for feeling like she is having to pay the price for an error on behalf of DDA Schaub.
She exclaimed, “It is not my fault that this man doesn’t know his laws. He made a deal. We all signed to this deal.”
She also added that her special needs son, whom she is being accused of endangering, is not being treated fairly and there has been no justice.
Judge Fall agreed and reassured her, “It’s going to keep moving.”
