SAN FRANCISCO, CA – After being provided only illegible electronic copies of receipts crucial to the restitution report of $51,016.82 filed against her client, Deputy Public Defender Latisha McCray asked Judge Brendan Conroy here in San Francisco County Superior Court last week for a continuance.
The judge refused, even after McCray argued she was unable to properly prepare to represent her client because she could not read key financial documents regarding the case.
A restitution report against the accused was filed by Deputy District Attorney Micheal Hartmann on Feb. 26, although its supporting documents, the key financial records, were not provided to DPD McCray until about two weeks after that date, three weeks before the hearing.
However, when those supporting documents were received, they were impossible to decipher as they were poorly made electronic copies, charged DPD McCray.
DPD McCray stated that between her ability to read the supporting documents instrumental to the restitution claim—that upped the original claim of $25,000 to the current claim of $51,016.82—and working on another case, she simply did not have enough time to properly prepare a challenge to the new amount, describing herself as “woefully unprepared” despite her best efforts.
DPD McCray requested a continuance, claiming she just needed a week to be properly prepared.
DDA Hartmann objected, noting he had access to the same electronic copies as DPD McCray because the originals were no longer in the possession of his client and the quality could not be improved.
Judge Conroy denied DPD McCray’s request for continuance, stating there was not sufficient cause, noting, “If needed, the defense can simply rebut in the future.”
During the hearing, DPD McCray only was able to argue the information provided by DDA Hartmann, including a probation report and spreadsheet of inventory and loss stolen by the accused which was generated by employees and had multiple levels of hearsay and foundation.
It was emphasized the accused had submitted a no-contest plea to all charges and that DPD McCray had not even been able to view the victim’s impact statement.
McCray requested Judge Conroy deny the restitution, but the judge awarded the restitution of $51,016.82.
