WOODLAND, CA- Judge David Rosenberg denied supervised own recognizance release for an accused here Monday morning at Yolo County Superior Court, despite the defense arguing its client has been in custody for a prolonged time, after both parties requested a two-week continuance on the day (Monday) of trial.
The accused is facing four felony charges, including threats with intent to terrorize, corporal injury on spouse/cohabitant, assault with a deadly weapon and false imprisonment with force or violence. Four felony enhancements include corporal injury with prior, great bodily injury, use of deadly weapon, aggravation and a misdemeanor, violation of a protective order.
Judge Rosenberg confirmed the case was ready for trial, and Deputy District Attorney Alex Kian sitting in for Deputy District Attorney Deanna Hays, stated he had spoken to Deputy Public Defender Dave Muller about a two-week continuance to which they both agreed was necessary.
DPD Muller replied and agreed, adding the prosecution had informed him of an interview report on a witness which had not yet been provided to the defense. DPD Muller emphasized he wanted to review this material prior to starting trial.
DDA Kian mentioned the interview audio recording was about an hour and a half long and that he didn’t know much about the evidence as they were just stepping in for DDA Hays, but had guaranteed to get all the evidence to DPD Muller.
“I’m disappointed,” stated Judge Rosenberg, reminding them that both parties had called ready for trial and 50 potential jurors were also summoned to serve in the trial.
DDA Kian informed the court the issue did not only stem from the new evidence not provided to the defense, but the victim, who is a material witness and did not appear.
Judge Rosenberg wasn’t happy, but found good grounds for a continuance.
DPD Muller then explained to the court his client was prepared to go to trial (Monday), and had been in custody for a long time.
DPD Muller stated the accused was in there for a domestic violence case and was an alcoholic but was fully employed at DR3 and wanted the opportunity for SOR to go back to working and having his income help his mother.
The prosecution opposed that motion arguing the accused had numerous issues with the same victim and allegedly struck the victim with a metal bat causing great injuries to the victim.
DDA Kian charged if the accused were to be released on SOR he would be a danger to the victim due to the severity of the injuries but also to his history of domestic violence. DDA Kian also stated they were there for a continuance request.
DPD Muller replied with “He will comply with court orders,” in an attempt to move forward with the possibility of SOR.
Judge Rosenberg concluded he wasn’t going to change the accused’s status but suggested DPD Muller create a motion and he would consider a request for SOR or bail reduction.
Matters were set for a bail hearing on Aug. 26 and Judge Rosenberg issued a warrant for the victim to be present at the next trial date.
Trial for the accused was scheduled for Sept. 3, with a trial readiness conference Aug. 28.
