WOODLAND, CA- Deputy Public Defender Courtney Leavitt claimed her client’s right to a speedy trial has been violated by continuances, delaying a preliminary hearing here in Yolo County Superior Court this week before Judge Sonia Cortés.
The co-accused, who appeared with three co-accuseds, faces charges for organized retail theft, conspiracy to commit a crime, and grand theft, with enhancements for circumstances in aggravation, according to court records.
DPD Leavitt motioned to dismiss the “untimely preliminary hearing,” while Deputy District Attorney Stephanie Allen stood in opposition.
PD Leavitt argued that “when a preliminary continued past the last day, it doesn’t matter if there was a good cause,” as the continuances have exceeded the 60 days that would ensure a speedy trial.
DDA Allen claimed there was “good cause on all occasions,” citing the unavailability of the defense and witnesses.
On behalf of DPD James Granucci, DPD David Nelson addressed his own unexpected unavailability for preliminary hearing, as he is currently involved in a jury trial in Solano County, where juror circumstances have delayed the trial five days.
Judge Cortés denied DPD Leavitt’s motion to dismiss the accused’s case, noting there was good cause to issue the continuances, to which PD Leavitt replied her client’s “right to a speedy hearing has been violated,” and spoke with her client before recalling the matter later in the morning.
DPD Leavitt emphasized the accused was prepared to go forward with the preliminary hearing in the afternoon, to which DPD Nelson replied to by asking for a continuance, because he needed to comply with Solano County court orders requiring him to stay within “20 minutes of the courtroom.”
DPD Granucci would also be unavailable to continue with preliminary hearings in the afternoon.
DDA Allen agreed with DPD Leavitt that “we should be moving this along,” but, pursuant to California Penal Code section 1050.1, “the people are prepared to confirm” the continuance.
In response, DPD Leavitt asked the judge to sever the accused’s case, in light of three continuances, “so her client’s preliminary hearing can go forward,” even if the co-accused did not.
DDA Allen replied the DPD “cannot force people to go to severance,” and asked that a “proper motion be filed “if severance is Leavitt’s goal.”
Judge Cortés would not grant DPD Leavitt’s motion to sever, noting the request was not “in writing” nor “properly noticed.”
After some back and forth between DPD Leavitt, DDA Allen, and DPD Nelson about their availability in November, Allen suggested an “email chain for the 15th,” so the three could coordinate a date without conflict for the preliminary hearing, and “play it by ear with hope that it goes.”
Judge Cortés set the next preliminary hearing for Nov. 15.
