WOODLAND, CA – Judge Daniel M. Wolk, here in Yolo County Superior Court this week, denied a defense motion for release on supervised own recognizance (SOR), despite the health of the accused, who was recovering from major surgery.
The accused is facing charges of conspiracy to commit sexual penetration against will, rape in concert with force/violence, oral copulation by force or violence, and additional circumstances in aggravation.
During the pre-hearing conference, Deputy Public Defender Monica Brushia argued for her client, a co-accused in a felony case, to be released on SOR, citing their recent triple bypass surgery and lack of communication while hospitalized.
DPD Brushia emphasized the accused is still in recovery and is “in no condition to commit a crime right now.” She further assured the court that, if released, the accused would comply with GPS monitoring or any other SOR conditions deemed necessary.
Additionally, DPD Brushia pointed out the alleged victim in this case has their own history of legal violations, which should be considered when assessing the accused’s release.
Deputy District Attorney David Robbins countered the only reason “we know these things about the victim is because she told the police department.” DDA Robbins also argued the accused and the co-accused had been following the victim, leading to the investigation.
While acknowledging that the accused was unavailable for the previous hearing due to medical reasons, DDA Robbins maintained the court should not find good cause for release. Moreover, DDA Robbins further noted that an implicit time waiver placed the preliminary hearing deadline in late March.
DPD Brushia contended the accused’s critical condition and time in the ICU should not be interpreted as waiving their right to a speedy preliminary hearing.
Stressing the severity of her client’s health issues, DPD Brushia reiterated that continued incarceration could jeopardize their recovery, despite the availability of supervised release options.
Despite this, Judge Wolk ruled against the release.
“I understand… the client’s health issues, which are very serious. Nonetheless, the charges here are very serious, and there’s a significant maximum amount of potential sentence here,” he stated, adding the court will not be releasing the accused today.
Judge Wolk set the matter for a Pre-Hearing Conference on March 13, and ordered the accused to appear in court.
