SAN FRANCISCO, CA – Judge Brendan Conroy here in San Francisco County Superior Court last week sentenced an accused to pay thousands of dollars in restitution despite the deputy public defender’s argument the accused was “not working” and there was no evidence or foundation for the alleged damages.
The accused was facing a misdemeanor charge for making the victim lose a day’s wages and for the damage of the victim’s phone. The accused was not present at the hearing, but the DPD had been given authority by the accused to settle his issues.
The deputy district attorney stated the victim was requesting $755 for damage to their cell phone and loss of a day’s labor, which the victim calculated to be $3,450.
The DPD objected to the victim’s claims because the only evidence was hearsay. The DPD stated there were “no receipts” and “no foundation for any of this.”
The DDA used a police report as a second piece of evidence. The DPD agreed this could be used as a basis for arrest, but was otherwise hearsay, foundation, and irrelevant information. For the restitution especially, it was irrelevant.
The DPD used the certified transcript of the preliminary hearing to argue the victim, under oath, said that the value of the phone was $600, whereas in the probation report it was stated to be valued at $950. The DPD asked for the charges to be $600.
The DPD objected to the lost wage claim from the victim, stating there was no evidence the court held.
As for physical injuries made by the accused against the victim, the DPD said there were many contradictions in relation to the charges and missed wage.
The victim deemed it “unnecessary to go to the hospital,” and even refused medical treatment. The DPD stated that two to six days of bruising treated with ice, along with a black eye, did not make sense in relation to the victim’s week and a half of time off.
The DPD stated the preliminary transcript had many contradictions.
Judge Conroy ordered restitution of $3,450 for the missed wage, and an additional $755 for the damaged phone. The accused was ordered to go to central collections within two weeks.
The DPD jumped in at the end, noting the accused was “not working.” But, the judge stated the “order will stand.”
