SAN FRANCISCO, CA – A San Francisco judge on Tuesday ordered the release of a woman accused of felony vandalism after learning she had mistakenly believed she was trying to enter her own apartment following an extended hospitalization.
Judge Vernon Nakahara granted the woman release on her own recognizance after Deputy Public Defender Maximino Fuentes argued that the charge stemmed from a misunderstanding. Fuentes explained that the woman had just returned from a long stay at the UCSF Women’s Health Center, where she was being treated for cancer and liver cirrhosis, and was unaware that she had been evicted during her absence.
The incident occurred on Sept. 29, 2024, when police responded to a report of a potential break-in. Officers found the woman attempting to access the unit and arrested her on suspicion of first-degree burglary. She pleaded not guilty.
The woman, who is transgender, had qualified for financial assistance from the Transgender, Gender-Variant and Intersex (TGI) Justice Project, which offered to pay her rent. However, apartment management reportedly refused to accept the payment. The defense argued this amounted to discrimination based on her gender identity.
After her release on the initial charge, the woman missed a scheduled court appearance due to another hospitalization, this time for cryptococcal meningitis, a serious fungal infection affecting the brain. A $10,000 bench warrant was subsequently issued for failing to appear.
Following her second arrest, she was booked into county jail. Fuentes again advocated for her release, citing the need for her to undergo surgery in the coming weeks. Judge Nakahara granted her release with the condition that she check in with the court twice weekly.
A prehearing conference is scheduled for July 22, 2025.
