By Favian Samaniego Madrigal, Sarah Naser, Nia Black, Natalie Liang, Juwairia Shoaib, Joleen Deng, and Shyel Meisels
SAN FRANCISCO — In San Francisco Superior Court on Tuesday, July 1, 2025, Judge Brian J. Stretch postponed a hearing for a transient defendant facing two misdemeanor charges for possession of unlawful drug paraphernalia and a felony charge for making criminal threats.
The judge maintained the defendant’s bail at $10,000.
Deputy Public Defender Mark Goldstein advocated for release through pretrial diversion, citing the California Supreme Court’s 2021 Humphrey decision.
Deputy District Attorney Sarah Quiñones argued against release, raising concerns for public safety.
Goldstein responded by stating that the set bail amount was unconstitutional under Humphrey, which held that pretrial detention based solely on a person’s financial resources violates due process and equal protection.
He emphasized that under Humphrey, courts are required to consider the least restrictive means to ensure public safety and court appearance, rather than relying on a cash bail system that punishes poverty.
Goldstein also noted that the defendant was subject to both criminal and civil restraining orders and that their in-custody referral (ICR) conditions exceeded what is legally required.
Quiñones stated that on May 30, 2025, the defendant was arrested for allegedly yelling threats at the complaining witness and returning to the scene after being ordered to leave by law enforcement.
She also cited the defendant’s criminal record, including charges in 2025 for battery, failure to register as a sex offender, second-degree robbery, and probation violations in both San Francisco and Marin counties.
Quiñones further noted that despite being enrolled in Assertive Case Management (ACM), an intensive supervision program under the San Francisco Pretrial Diversion Project, the defendant continued to accrue new cases.
She argued that the ACM program had proven ineffective in this case and opposed release.
Judge Stretch agreed with Goldstein that pretrial diversion would be appropriate but refused to grant release without the defendant’s presence in court, stating he needed to see the defendant’s “commitment.”
The judge ordered the defendant to appear on Wednesday, July 2, 2025, at 9 a.m.
The defendant appeared in court from San Bruno Jail the next morning.
Judge Stretch then delayed the jury trial to Thursday, July 3, 2025, at 9 a.m.
The defendant was returned to San Bruno Jail on Wednesday and ordered released from custody and ordered to come back to court for a future hearing.
