By Adam Soloranzo and Cynthia Hoang-Duong
WOODLAND, CA – Judge David E. Power reaffirmed his decision this week here in Yolo County Superior Court to issue a $2,500 bench warrant for the accused, despite the defense concerns about the accused’s lack of understanding of his required court appearance.
Because of the accused’s failure to appear at his arraignment hearing for a violation of his protective order, the visiting judge decided to order a bench warrant of $2,500 earlier Thursday morning.
However, Deputy Public Defender Jose Gonzales later recalled the case, providing the court with exchanged messages between him and the accused’s assigned attorney, DPD Courtney Leavitt, regarding the accused.
According to Leavitt’s messages, the accused had requested an interpreter at his first court hearing. Further, despite the assistance of a legal intern, he did not fully understand the intake form questionnaire—a document used to collect basic information about an individual.
For this specific reason, the DPD raised doubts about whether the accused knew of his required Thursday court appearance, and asked the judge to allow time for the accused to be contacted and to fully comprehend the requirements of the court process before he is held with an outstanding warrant.
Disagreeing, Deputy District Attorney Ashley Harvey added appointing a language interpreter in this case when the accused did not appear at the hearing is a waste of court resources.
Judge Power agreed with the DDA, stating that if the court spent the time and resources to hire an interpreter and the accused does not present himself, it is a waste of time.
As the judge leaned toward the prosecution, DPD Gonzales reiterated his argument, suggesting the accused did not comprehend what was requested of him.
The DDA rebutted, charging the accused “understood he had to appear at the first court hearing and he was there.” Based on this fact, she rejected the suggestion the accused did not comprehend the foreign language because he appeared in court the first time.
Ultimately, Judge Power maintained his original position, leaving the accused’s warrant outstanding.
