By Xinhui Lin and Jenna Tooley
LOS ANGELES, CA – Superior Court Judge Cathryn Brougham ruled at the Los Angeles Superior Courthouse after a preliminary hearing Friday that an accused must stand trial for first-degree felony burglary, although the accused later admitted being confused and hearing “voices.”
Los Angeles police Officer Brannon Kirkland testified in direct examination he received a call from the alleged victim at 11:30 p.m. about a forced entry into her single-family residence.
Upon arrival at the victim’s residence, the police officer and his partner detained the accused, they said, adding when asked who the owner of the jewelry was, the accused allegedly said the “jewelry belonged to the house.”
However, it was only when she was detained that the officers found jewelry, they testified, that included rings and necklaces, claimed Deputy Public Defender Philip Dubé.
During cross-examination, DPD Dubé confirmed with Kirkland “there were no damaged door jams and nothing was broken, only the door was ajar” therefore it was an instance of trespassing for entering a home in which she didn’t belong.
DPD Dubé stated there wasn’t sufficient evidence for a residential burglary charge because there were no signs of forced entry, and it wasn’t until later that the accused admitted at the police station that the jewelry wasn’t hers.
But, Judge Brougham, without hesitation dismissed DPD Dubé’s argument, stating the defendant knowingly entered the victim’s residence with intent to execute a burglary.
The accused was then charged with first-degree burglary, despite DPD Dubé’s stance there was insufficient evidence.
DPD said the accused was wearing the jewelry at the time of detainment yet the officers on duty didn’t inquire about the matter until they removed her from the residence.
Immediately following the judge’s order, the accused admitted to being under the influence of substances during the time of the incident, causing hallucinations, stating, “I was hearing voices…I thought it was my mother’s house…I even cooked dinner there.”
Judge Brougham responded with “you should look into receiving treatment” for this issue, but failed to take this factor into consideration prior to her motion of the first-degree burglary charge.
There was no ruling by Judge Brougham to have a further discussion to implement or provide subsequent treatment for the accused at this hearing.
