WOODLAND, CA – Multi-accused cases can be confusing, but at a pre-trial setting conference for three accused here in Yolo County Superior Court Tuesday, Judge Daniel M. Wolk ruled “good cause for one is good cause for all” after approving a supervised no bail release for one of the accused – still, one pregnant accused will have to wait a week to be released.
The accused, who was not receiving appropriate medical care in custody, was released pending further proceedings despite an objection from the deputy district attorney who asked for “residential release only” because of the accused’s criminal history and lack of appearances.
The first accused, who was in a wheelchair, faces a misdemeanor charge of shoplifting and petty theft. The second accused is pregnant and faces a felony charge for conspiracy to commit a crime and receiving stolen property, and an enhancement in circumstances in aggravation.
The third accused faces a felony charge of conspiracy to commit a crime, five felony 2nd-degree charges for burglary in the second degree, nine felony charges for grand theft firearm, two felony charges for receiving stolen property, and an enhancement for circumstances in aggravation.
Judge Wolk began court by confirming all the attorneys were ready for the preliminary hearing.
Defense attorney Rob Gorman confirmed readiness but mentioned one of the accused had just obtained a new attorney and was not sure if Defense Attorney Caryn Warren was ready to go.
Defense Attorney Warren stated she had just been appointed and was not ready to go as she had not reviewed discovery yet, noting there was good cause to request a continuance.
Deputy Public Defender Stephen Betz stated he understood the request for the continuance but wanted to request supervised own recognizance release (SOR) for his client.
DPD Betz explained the accused was in a wheelchair and was “not getting appropriate medical care” while incarcerated. DPD Betz stated his client indicated she was not well and he didn’t want her sitting in custody any longer because of her medical situation.
DPD Betz noted he was aware of the two other cases the accused had and asked to continue those Tuesday, noting he had not received police records from the prosecution and needed those in order to proceed.
Judge Wolk stated “Good cause for one is good cause for all,” noting this case involved two other accused. Deputy District Attorney Alo Patchen stated he would work on getting those records to the defense as soon as possible.
DPD Betz stated he hadn’t had the opportunity to obtain the medical records for his client to submit for the SOR request but he had been informed she was brought to Woodland Memorial Hospital not feeling well, and complained of difficulty breathing. DPD Betz mentioned SOR would allow the accused to seek treatment at a hospital of her choice.
DDA Patchen stated the accused had multiple misdemeanors of petty theft over the span of 20 years and requested the judge to sustain Department 1 decision on SOR and have the “court keep the condition of residential release only.”
Probation Officer Diana Fong confirmed the statements, and DDA Patchen also argued the accused had failed to appear in older cases.
Judge Wolk stated, “I’m willing to give this a shot okay? I am doing this over the objection of the district attorney.”
Judge Wolk ordered the SOR and asked the accused to meet with probation on the set of terms and conditions. Judge Wolk spoke to the accused and said, “You have to come to court on that Dec. 2 date.” Judge Wolk also noted the accused did not have a felony conviction and could not afford the bail previously set.
Defense attorney Gorman addressed his client, mentioning to the court he had been appointed for the accused on Nov. 12 and had no previous records on an assessment on the arraignment date, stating, “I don’t have one so I’m curious.”
Probation Officer Fong referenced her records and none seemed to be done.
Defense attorney Gorman stated he didn’t believe his client had any prior convictions and questioned why SOR was not brought up when she was put in jail, adding his accused client was three months pregnant and had informed jail staff.
Despite this, she had not received proper care or prenatal vitamins after requesting them, said the defender, and asked for her to be released on SOR until the Dec. 2 date set to return.
DDA Patchen mentioned the pregnant accused’s felony warrant in El Dorado County being the possible reason SOR had not acted upon.
Defense Attorney Gorman stated, “I don’t believe that’s accurate,” informing the court she had been booked and released in El Dorado County with no charges.
Judge Wolk stated he needed more information but would be willing to release with a SOR report Gorman said he could provide Friday.
Probation Officer Fong, however, informed the court Friday would be too short notice and the following week would work so Nov. 25 was set for an OR or bail reduction hearing for the pregnant accused.
Judge Wolk addressed the accused who had been newly appointed to defense attorney Warren stating, “Mr. Patchen I know you will work hard on sending over the discovery to Ms. Warren.” DDA Patchen confirmed.
Judge Wolk set a trial readiness conference for all three accused on Dec. 2.
