By Helen Shamamyan
WOODLAND, CA – A man detained in El Dorado County jail pending investigation was unable to appear for his most recent hearing here in Yolo County Superior Court this week because of what the defense calls a lack of cooperation from El Dorado County that can jeopardize the accused’s right to a fair and speedy trial.
In a pre-hearing conference, private defense attorney Patrick K. Hanley urged the Yolo County court system to encourage El Dorado County to allow his client to appear for his case while in their custody, whether it be via Zoom or by sheriff’s transport.
Hanley informed Judge Daniel M. Wolk and Deputy District Attorney Jesse Richardson that the accused is in custody in El Dorado County for a homicide case.
However, Hanley added despite his filing of a request Dec. 19 for El Dorado County to allow the accused to appear on Zoom the jail responded it doesn’t “have enough deputies” to put him in the Zoom room at that facility, which Hanley said he severely doubts.
Now Hanley is requesting the Yolo County court set a preliminary hearing in mid-February to get this case going because the “El Dorado one is taking forever.” He also urged DDA Richardson to file for removal, or for the court to order the El Dorado jail to transport the accused or put him on Zoom from jail.
Hanley explained his goal for appearing this week was to determine the best way his client can participate and be present in his court case, despite the difficulties posed by El Dorado County.
DDA Richardson stated that when someone is being detained and prosecuted in another county, Yolo County will typically remove the hearings from their calendars and allow the other county to “process” them as they will.
He added the Yolo court does not have the authority to tell another county “what to do with their jails,” and if El Dorado County is “not available” to put the accused on Zoom, there’s nothing the DDA or Judge Wolk can do about it, adding the prosecution is uncertain it wants to have a prelim hearing on a defendant not physically present.
Defense attorney Hanley informed Judge Wolk that El Dorado County is currently using facts from the domestic violence case to detain the accused, as well as providing the facts in their own trial, a case where the alleged victim claims the accused is guilty of “stomping” on their foot.
With this, Hanley recounts that the El Dorado County Sheriff’s Department has executed multiple warrants in Yolo County, pointing out that a judge in that county had the authority to “reach into Yolo county to conduct searches.”
The defense believes El Dorado County has been “pulling the strings in Yolo county since this started and that’s just not right and that a fundamental “denial of that right to a speedy trial is being caused by the county using the charges in Yolo County.”
DDA Richardson and Judge Wolk both said they understand the frustrations of defense attorney Hanley’s situation and recommended Hanley file for removal.
Judge Wolk also states it would be wise to have county counsel present as well, asking Hanley to file by Jan. 25 to give ample time for any response from El Dorado County.
Judge Wolk said he agrees with DDA Richardson that the Yolo Court does have the authority to order another county’s jail to transport or accommodate someone, but added it is important to have a further briefing on the issue with county counsel present.
The matter is now set for Feb. 1.
