WOODLAND, CA – Deputy Public Defender Martha Sequeira Friday in Yolo County Superior Court argued Deputy District Attorney Aimee Carrazco did not have “statutory authority” to postpone the accused’s preliminary hearing because of an officer’s unavailability when that same officer was testifying in a next door courtroom.
The accused is charged with one count of felony grand theft and was present in court Friday, out of custody, on his own recognizance (OR).
Despite the accused’s case being set for a preliminary hearing, DPD Sequeira stated to Judge Tom Dyer, “The prosecution, after confirming (the preliminary hearing) this morning, indicated they would not be able to go forward because they had an officer who is testifying in another hearing in this courthouse.”
Despite acknowledging that scheduling issues can occur, DPD Sequeira argued she did “not believe that it’s good cause for a continuance” and objected to Judge Dyer granting the continuance.
Stating that her client was ready for his preliminary hearing, DPD Sequeira charged the officer that DDA Carrazco claimed was “unavailable” was actually “testifying in a different department…just feet away.”
DPD Sequeira explained, “The prosecution chooses to say he’s unavailable because they’re allowing him to pick which preliminary hearing they believe is more important, but that isn’t the law or there’s no statutory authority for them to use to support that decision.”
Adding to her concern over her client’s case being delayed and the accused’s right to a speedy trial, DPD Sequeira said, “We have a 90th day under a 1381 demand” and further objected to DDA Carrazco’s continuance request.
“There’s so many officers in that other preliminary hearing I don’t know why they can’t walk to a different department and start testifying,” DPD Sequeira stated, noting her client was anxious for his preliminary hearing to commence.
DDA Carrazco stated the officer was testifying in a “murder case” and that, apart from this, she had already canceled the subpoenas for the other witnesses supposed to testify in this accused’s preliminary hearing.
Despite DPD Sequeira’s adamant arguments regarding the lack of statutory authority the prosecution had for a continuance, Judge Dyer ultimately chose to continue the accused’s case and set another preliminary hearing date for Jan. 7.
