By Alessandra Jimena Soberanes
OAKLAND, CA – Judge Mark McCannon denied a defense motion to suppress evidence, despite concerns raised by the defense regarding the legality of the accused’s arrest, here in Alameda County Superior Court late last week.
The accused, charged with car theft and assault, allegedly took their elderly sister’s car and intimidated her and their mother to do so.
The defense argued the evidence was insufficient for felony charges and requested either a full dismissal or a reduction to a misdemeanor. Tensions were further heightened by Judge McCannon’s critical stance towards the accused actions in court.
Judge McCannon denied the motion to suppress evidence, but did eventually decide to reduce the charges to a misdemeanor level rather than a felony.
The hearing began when the accused yawned before proceedings officially started. This act was interpreted by Judge Mark McCannon as a sign of “disrespect.”
Judge McCannon instructed the accused to step outside and expressed displeasure over what was perceived as a breach of courtroom etiquette.
Judge McCannon frequently overruled the public defender’s objections and told the public defender, “When I’m done talking then I’ll let you talk.”
The defense questioned the legality of the arrest, citing a lack of a warrant and insufficient evidence for felony charges. Judge McCannon responded by questioning the defense’s procedural approach, suggesting a lack of clarity in how to handle subpoenas.
Further complicating matters, Judge McCannon criticized the public defender for what was described as an “error” in documentation, specifically noting a mistake related to missing information in the “1538” form.
