By Varun Noronha
SAN FRANCISCO, CA – A San Francisco man charged with possession of controlled substances and firearms is being held without bail until his trial, although the defense argued at a San Francisco County Superior Court preliminary hearing Friday the evidence may have been mishandled.
Assistant District Attorney Robert Miranda insisted the accused should be brought to trial on multiple felony counts.
A San Francisco Police Dept. officer testified he pulled over the accused during a patrol in the Tenderloin neighborhood after determining the accused was driving a vehicle with an expired registration. But, the officer did not elaborate on what prompted him to check the vehicle’s license plate against the SFPD database.
Upon pulling over the accused, the officer said he observed a plastic bag containing a crystalline substance in the cup holder and a firearm next to the passenger seat cushion. The officer arrested the driver and searched the entire vehicle.
The officer testified more plastic bags were found in the glove box. Upon inspection, the officer identified the contents of the plastic bags as methamphetamines and the firearm as a loaded semi-automatic 9mm pistol.
During cross-examination, Deputy Public Defender Avi Singh challenged the officer on his ability to identify whether a firearm is loaded. The officer reaffirmed his assessment, adding that he saw a bullet in the chamber of the pistol.
ADA Miranda then brought another SFPD officer to the witness stand to share results from the lab tests of the substance found in the accused’s vehicle. The second officer confirmed that the substance in every plastic bag was crystal meth.
Through cross-examination, DPD Singh established the officer had not witnessed the testing occur, raising the possibility of mishandled evidence.
Judge Diane Northway sided with the prosecution, ruling the District Attorney’s Office had presented sufficient evidence to proceed to trial, at least at the preliminary stage.
ADA Miranda motioned to detain the accused for the time leading up to the trial. Noting that the accused had multiple prior convictions for firearm possession and could be a danger to public safety, Judge Northway ordered the accused be held until trial and denied bail.
