SAN DIEGO, CA– A preliminary hearing set Monday in San Diego’s North County Superior Court was delayed despite Deputy Public Defender Tyler Barclay’s opposition to this continuance.
DPD Barclay requested the accused be released from custody, Deputy District Attorney Katia Davila opposed this request and Judge Brad Weinreb ultimately decided to defer this decision to the placement hearing set later in the week in a different department.
At the start of the hearing, DDA Davila argued that because a witness in this case was unable to be present in court due to issues with childcare, the date for the hearing should be moved and explained this witness is a member of law enforcement and is needed to identify a key person in the case.
DPD Barclay opposed the continuance and explained that it had been three weeks since the case was set on June 24. Given this, he explained that the accused’s right to have a preliminary hearing within 10 court days would be violated.
Judge Weinreb decided, however, the witness was necessary for the hearing to continue and moved the hearing to Thursday.
Given Judge Weinreb’s decision, DPD Barclay requested the accused be released from custody. He also requested that the placement hearing that was set to occur for this case in San Diego’s Central Courthouse be moved to a different date.
However, DDA Davila objected to the accused’s release because of the “brief time” between the hearing’s original and new date, adding “no rights are being violated.”
When asked by Judge Weinreb why no rights have been violated, DDA Davila turned to the Deputy District Attorney seated beside her, and then explained to Judge Weinreb because “the bail has been previously discussed” that the continuance to July 18 would not violate the accused’s right to a preliminary hearing within 10 court days.
Judge Weinreb explained that he is not able to change the date of the placement hearing because he does not have access to this court’s schedule.
Ultimately, Judge Weinreb decided that Public Defender Barclay’s requests for “a bail revision, release, and change in another court’s date are all issues that would be better addressed at the placement hearing” later this week.
