WOODLAND, CA – After heated objections by the prosecution, a judge here in Yolo County Superior Court last week granted a defense request for a two-week continuance so the accused could attend a surgical medical appointment.
The prosecution objected, stating there was “no good cause” for the continuance, but Deputy Public Defender Monica Bruscia urged Judge Catherine Hohenwarter to look at the “flip side” of the accused’s situation.
The accused, present out of custody and appearing remotely, was charged with two misdemeanor counts of possessing a controlled substance and possessing paraphernalia used to inject/smoke.
Originally, the accused’s Friday’s court date was set for a PC 1538.5 motion to suppress evidence hearing.
However the accused’s attorney, Deputy Public Defender Kumar Sankara, requested a two week continuance for the motion to suppress evidence hearing because of a medical appointment that the accused had to attend, which would mean the accused could not be present for the hearing.
“I learned late afternoon yesterday around 4:30 PM that (the accused) has a surgical appointment this afternoon. It’s before surgery. It’s the initial intake admin appointment. Those are really hard to come by,” DPD Sankara stated to Judge Hohenwarter.
After the request for a continuance, certified legal assistant under the supervision of Deputy District Attorney Robin Johnson, Zach Gazda stated, “We have the officer ready to go,” also asserting that “…it is just an intake appointment. I do not think that is good cause.”
DPD Sankara stated he was “prepared to move forward with the hearing” if Judge Hohenwarter did not find good cause to continue the case, and asked the accused, “Is that okay with you if I did a hearing without you present,” to which the accused affirmed the decision.
After hearing that exchange, DPD Bruscia interjected from behind DPD Sankara and stated, “On the flip side of that, if an officer had it (a medical appointment), they would be asking for a good cause continuance. There is good cause.”
Judge Hohenwarter responded, “he (the accused) is absolutely entitled to be present,” adding these doctor appointments are “terribly hard to come by” and eventually sided with DPD Sankara and granted the continuance.
The accused will appear in court Sept. 24 for the motion to suppress evidence hearing and will remain out of custody.
