By Vy Tran
LOS ANGELES, CA — A preliminary hearing last week in Los Angeles County Superior Court, where the accused was charged with injuring a spouse and having a prior serious/violent felony conviction, saw the accused bound over for trial despite defense’s work to discredit witnesses.
The defense, the deputy public defender, argued not only did the complaining witness and officer not allege any violent acts, but the accused had a mental illness diagnosis.
The complaining witness, wife of the accused for a year, recalled that at around 8:50 p.m., they had a verbal altercation over a personal issue before the situation escalated, explaining, “At the time, yes, I just wanted him removed, but looking back, I overreacted.”
“So did you tell the police that you got struck on the left side of your head?” the prosecutor asked, to which the witness replied she “didn’t recall.”
“I had a car accident a day or two before the night,” the witness explained later. “The airbags went off and that’s why my head hurt. My marks were from the accident, not from hitting.”
“But you told the officer at the time that he hit you?” the DDA pressed onwards. The witness gave a vague confirmation in response.
The arresting officer testified the complaining witness had other bruises on her left tricep and upper right chest, adding the accused “also had his leg hurt from the accident,:
Judge James R. Dabney ruled the accused to be guilty on count one, and set the case for trial, but the accused’s DPD still maintained skepticism. “I am asking to dismiss the case and to reduce the felony to a misdemeanor… and also for nominal bail. My client has been diagnosed with schizophrenia.”
Judge Dabney, said, “I see redness but no scab. The photos are more than enough to sustain the fact that these injuries are from hitting. I will not be posting a bail.” Ultimately, he set bail to $225,000.
