SAN FRANCISCO — A judge dismissed three of five charges at a preliminary hearing at the San Francisco Hall of Justice after finding gaps in the prosecution’s evidence, while allowing two drug counts to proceed based on the totality of the circumstances.
Michael Begert presided over the hearing involving allegations stemming from a drug bust. Deputy Public Defender Elly Leggatt cross-examined the arresting officer during the evidentiary phase, probing the reliability of the officer’s drug identifications and weighing methods.
During testimony, the officer acknowledged uncertainty in identifying fentanyl and stated that his belief that two substances were fentanyl and cocaine was based on the totality of the circumstances rather than chemical testing. Under questioning, the officer conceded that many white powders look similar and that no field or laboratory testing had been conducted on the substances.
The court focused closely on the alleged heroin evidence. The officer testified that the substance believed to be heroin was found inside a pill bottle that also contained pills and coins, and that the bottle and its contents were weighed together. Although the officer said 25 grams constitutes a usable amount, he weighed the bottle at 35 grams without removing the coins or pills, leaving no way to determine how much of that weight was actually heroin. The court also heard that another bag believed to contain heroin did not register on the scale.
A motion to suppress was argued but denied. Judge Begert found the officer had sufficient grounds for the stop and detention after testifying that he observed seven hand-to-hand transactions in an area known for drug sales.
Assistant District Attorney Austin Weis sought to take judicial notice regarding alleged stay-away orders. Defense objections followed, and the judge found the accused was not in the locations covered by either order. Counts related to the stay-away allegations were dismissed.
On the fentanyl issue, the defense argued the officer was tentative and not certified in identifying fentanyl, particularly in white powder form. Judge Begert noted the officer’s seven years of experience and concluded that, while the evidence was not robust, it was sufficient under a totality-of-the-circumstances analysis to support a holding order.
The court held the accused to answer on the fentanyl and cocaine counts, but not on the heroin charge or the stay-away order counts.
Because the accused was subject to a probation hold, the court ordered him remanded to custody and set bail at $25,000. Further proceedings are scheduled for Feb. 17 in Department 22.
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