WOODLAND, CA – Accused Harry Henry Stanley returned to the Yolo County Superior Court Wednesday to challenge his no-bail order for felony domestic violence charges after the coroner toxicology report on the death of Megan Marie Duncanson ruled it a “suicide by hanging.”
The judge refused to free Stanley.
Deputy Public Defender Richard Van Zandt noted the no-bail detainment was contrary to the very first hearing Stanley had early in July in which he was released on a $30,000 bond.
But, after the discovery of Megan Duncanson’s body, the accused was jailed without bail July 16.
DPD Van Zandt argued the toxicology report suggests, “Mr. Stanley has been exonerated,” because the evidence outlined in the toxicology report reflects Duncanson’s injuries appears to be suicide by hanging.
Deputy District Attorney Carolyn Palumbo responded the investigation is still ongoing, introducing subpoenas for Duncanson’s health records, to which the defense had no objection.
DDA Palumbo then brought the father of the deceased Megan Duncanson to the stand.
Duncanson’s father said he had concern over his family’s safety. He then began to retell the story of the many calls of domestic violence made to residences in which his daughter resided, the observations of those around her, and the statements made to her friends before her death.
“He (the accused) is a danger to my family, to society, to friends. He is a violent individual. He beat my daughter senselessly,” Duncanson’s father stated.
Duncanson’s father then went on to say Stanley “obviously had mental confusion because of…” ending his statement, then going on to say, “There is no change in circumstance” and stating the coroner said his report may be subject to change depending on additional facts.
In response, DPD Van Zandt said that, as of right now, there is no additional information that could perceivably change the coroner’s report. He adds Stanley shows no threat to his wife’s family, arguing Duncanson’s father has brought no new facts to light.
“I’m not sure the court has a legal basis to keep Mr. Stanley in custody because there has simply been no change in circumstances since the court’s original decision to release Mr. Stanley,” other than the coroner report stating it is not a homicide, DPD Van Zandt said.
DDA Palumbo swiftly rebutted with a reminder of a violation committed by Stanley, who was found within 100 ft of their residence after an emergency protective order (EPO), which was still in effect the day a criminal protective order was issued. The judge stated the EPO takes priority.
Judge Catherine Hohenwarter explained her no-bail ruling is in part due to the accused’s previous violation, including violence against the wife, and also the courts’ concern that Stanley is a “survivalist,” based on the information given by the family.
“If he gets out, then he could disappear,” said Judge Hohenwarter.
The defense clarified the CPO, a no harassing contact order, and the EPO, with the EPO being the source of his violation and the defense not being presented for Stanley’s last hearing.
DPD Van Zandt claimed that it was likely confusing for the accused, who may have believed that the lack of knowledge surrounding overlapping and competing restraining orders was likely the source of his violation.
DPD Van Zandt added the court must make it clear for the charged person and should, therefore, fall in his favor.
The defense addressed the court’s claims Stanley might flee, noting Stanley has never made any statement or “factual showing” that he might leave, or shown hostility to governmental agencies.
“Just to say oh, you’re a survivalist, you’re into survivalism…that is pure speculation, I’ve never heard that reason used to keep someone in custody,” DPD Van Zandt said to the court.
The public defender said that, in Stanley’s very first hearing, as a domestic violence case July 9, “the court deemed (it) not so serious” as to set it without Mr. Stanley with no bail until recently. And that those facts, as stated then, have not changed.
“For the court to set no bail, that’s stuff that should be for offenses enumerated in Article 1 Section 12 of the State Constitution,” DPD Van Zandt said, referencing the public interest in the case and how the court should abide by the facts presented. He asked the court again to reconsider its decision and release the accused.
Judge Hohenwarter maintained her previous no-bail hold order, based on the testimony that led her to believe that Stanley’s release could bring bodily harm to those close to the case.
“The original facts that were given to the court weren’t even close to what actually happened,” Judge Hohenwarter states.
Stanley remains in jail until his preliminary hearing Aug. 8.
If Megan was hanging at the time police found her body, why would the police deem it a first-degree murder…something is not adding up.
My understanding was that there was a confession by the husband on the day of his arrest.