(Editor’s note: The Clay case, and The Vanguard’s coverage of it, is part of an ongoing investigation.)
FAIRFIELD, CA – After being jailed since 2021, Tre Kenneth Clay, a father facing alleged wrongful accusations for the murder of his two-month-old son Elijah Clay, was once again Monday in Solano County Superior Court denied outright release or release on bail despite his defense team continuing to assert Clay’s “factual innocence.”
This decision follows the outcome of months of the defense’s genetic testing, which provided evidence showing, the defense asserts, Elijah’s death resulted from a medical condition called Osteogenesis Imperfecta (OI), commonly known as brittle bone disease.
Clay is facing charges of assault on a child causing death from repeated abuse, as prior Vanguard coverage notes.
Deputy Public Defender Jeannette Garcia’s 995 Motion to Dismiss the count of assault on a child causing death against Clay—charging the prior defense attorney Gurjit Pandher’s alleged incompetence, and alleged perjury by forensic pathologist Dr. Katherine Raven, was denied by Judge Dan Healy, the previous judge on Clay’s case.
During Monday’s bail hearing, DPD Garcia continued to argue her client’s innocence, asking Judge John B. Ellis to release Clay on pretrial services or “at least set a bail…and a reasonable bail.”
“As the Court is aware, there is significant information that shows that the child (Elijah) had medical conditions that explained most, if not all of the injuries,” DPD Garcia noted, referencing the genetic testing that confirmed “the Osteogenesis Imperfecta in this case (which) explains all of the fractures to the ribs, the what were ‘supposed’ fractures in the skull that are actually not fractures, they’re accessory sutures.”
DPD Garcia also noted that after months of genetic testing, the prosecution has had no witnesses, testimony, or medical evidence to “directly combat” the results of the genetic tests showing that Elijah suffered from OI.
Providing more cause for Judge Ellis to release Clay from custody, DPD Garcia highlighted Clay’s lack of criminal record, steady employment before being placed in custody, his family support, and willingness to abide by any conditions that the Court wanted to impose upon release.
“He (Clay) had no prior record, he did not flee after (Elijah’s death)…he went and was cooperative with the Sheriff’s Department who was out in Rio Vista…He has family who lives in the county. They’re very supportive. We are asking for the court to release him on pretrial services. He is happy to wear a GPS monitor,” the DDA said.
DPD Garcia also confided in the court that Elijah’s mother had moved out of the state of California so Clay would have no contact with her if released.
In response to DPD Garcia’s arguments, Deputy District Attorney Elaine Kuo, who has recently become the lead prosecutor on the case after DDA Barry Taira’s retirement, adamantly opposed the defense’s request to release Clay—citing a lack of qualified evidence and the public safety risk the state alleges Clay would pose.
“The charges remain the same. The 995 was denied and especially when the defense strategy is based on the testimony of a doctor out of Amsterdam who is not a radiologist…who is just rendering opinions about opinions that he’s not qualified to read,” DDA Kuo stated, referring to Dr. Gerard Pals, an expert geneticist who previously testified and wrote several reports regarding the medical misdiagnosis of Elijah highlighting the genetic evidence of OI.
Despite DPD Garcia’s assurance that Elijah’s mother had moved from the state, that he would be willing to abide by any terms the court imposed, and that he had no prior criminal history, DDA Kuo didn’t move on the State’s claim about Clay posing a public safety risk.
The DDA maintained, “The defendant remains both a danger to the public safety and a flight risk based on the pretrial services report. He’s shown no insight into his crimes, there’s no indication that he would seek treatment out of custody and as the victim has expressed, despite the fact that they might live out of the area now that it does nothing to lessen their fears that he would seek them out.”
In spite of DPD Garcia’s arguments, Judge Ellis agreed with DDA Kuo, referencing prior Judge Healy’s decision to deny DPD Garcia’s 995 Motion.
“Well the reality is the 995 was denied so there really isn’t a change in the circumstances. This pretrial services report just does not read well. I’m going to deny your motion,” Judge Ellis directed to DPD Garcia.
Judge Ellis provided no other details about what the pretrial services report stated.
Clay will remain in county jail and the case will resume on Nov. 12 for a remote court hearing. Clay’s trial is scheduled to begin Jan. 14, 2025.
