By Melinda Kukaj and Madison Whittemore
MODESTO, CA – Just minutes after Judge Robert Westbrook denied a public defender’s request to release an accused man on his own recognizance (OR) from jail, the judge quickly denied another request from the defense to set bail for the accused in Stanislaus County Superior Court this week.
The accused has multiple pending cases, three of which are “crimes involving violence” against the accused’s spouse (the alleged victim) after the accused violated a court-ordered criminal protective order (CPO).
Additionally, one of the accused’s most recent cases is set for no bail, meaning the accused cannot post any amount of money to get released from jail.
Deputy Public Defender Grayson Wolf requested Judge Westbrook reconsider setting bail for the accused’s case, asking for it to be set for a “fair” amount. DPD Wolf argued the accused is willing to abide by his terms of release.
As noted by DPD Wolf, the accused is also employed and living in the area with the alleged victim but, “would be willing to stay away from the named victim in this case, he has other places that he can stay, his father specifically.”
DPD Wolf further stated the accused is not a flight risk and is not a threat to the community at large nor the alleged victim.
However, despite DPD Wolf’s assertions the accused does not pose a flight risk or a threat to public safety, Deputy District Attorney Dannica Molina vehemently opposed the release of the accused on his own recognizance (OR) and the establishment of bail.
“He has a 2022 misdemeanor conviction for contempt of court order, disobeying a criminal protective order,” DDA Molina noted, also citing how the accused has four grants of active probation.
DDA Molina continued, explaining how the accused’s prior acts of domestic violence show that the accused should continue being held without bail.
The DDA referenced an incident where the accused allegedly blocked the victim’s movements in their shared residence and was trying to determine if the victim had remained faithful. In doing so, the accused allegedly struck the victim’s face with his fist, bruising her eye.
Shortly after this incident occurred, a CPO was issued and the accused was ordered to stay away from the victim and not contact her through any means.
Despite the seriousness of the incident, the victim allowed the accused to remain in their shared residence and they continued to live together, with both adults knowingly in violation of the CPO.
Concluding her argument against the defense’s requests, DDA Molina requested Judge Westbrook continue to hold the accused without bail and not release him on OR, once again citing his convictions of violence and the possible threat to the “community as a whole.”
Judge Westbrook denied DPD Wolf’s requests to set bail at a “fair” amount or release the accused on OR, noting agreement with DDA Molina’s concerns regarding the accused posing a threat to public safety.
“There’s no reasonable condition of release that this court could impose that I would have faith he would abide by it, given the number of cases he’s on probation for,” Judge Westbrook declared.
After this declaration by the judge, the accused motioned to Judge Westbrook and requested that he talk personally to the judge about the bail matter.
“I am not going to argue with you about the charges,” Judge Westbrook stated, redirecting the accused to communicate with DPD Wolf.
The case will remain as is and the accused will be held without bail in jail until Nov. 14, when the violation of probation hearing and the preliminary hearing will take place.
