WOODLAND, CA – Yolo County Superior Court Judge Sonia Cortés granted the consolidation of three cases in a motion hearing last Friday, despite acknowledging consolidation could create prejudice against the accused, which the defense had argued.
The accused faces two misdemeanor charges, both for restraining order violations. These charges are now part of the lead case, which is a consolidation of two cases charging the accused with five misdemeanors and one infraction.
In Friday’s hearing, the accused appeared remotely and submitted a plea of not guilty.
Though Deputy Public Defender Matthew Lanthier did not object to the consolidation of the two older cases, he argued consolidating the newest case would hinder the accused’s ability to testify freely in court.
Defense counsel said the accused planned to testify in the newest case but was advised against doing so in the older cases. If the accused testifies after consolidation, his testimony would be subject to cross-examination in the older cases.
“Even though the charges are of the same class of crime and it is up to the discretion of the court to consolidate, the court still needs to consider prejudice to the defendant,” DPD Lanthier stated.
Additionally, DPD Lanthier claimed the addition of the newest case would violate the accused’s right to a speedy trial. The accused had not waived his 60 days, and, as DPD Lanthier noted, sending out subpoenas to the witnesses would continue past the sixtieth day.
In response, Deputy District Attorney Michelle Serafin argued the cases should be consolidated for court efficiency, as all three cases are connected, and involve the same victim and witnesses, except for one new witness—a police officer—in the newest case.
DDA Serafin added that moving forward on all matters on the lead case’s trial date would ensure the case goes to trial within 60 days of the accused’s arraignment.
But, Judge Cortés stated consolidation would make the accused’s testimony cross-admissible, and acknowledged “it would be prejudiced in that respect.”
However, Judge Cortés still agreed all three cases were related, and should be consolidated for efficiency. Judge Cortés left counsel to advise the accused on whether or not to testify.
The accused is scheduled for a review hearing on March 11, with all matters set for trial on March 24—the original trial date of the lead case.
