NEWPORT, Calif. — A preliminary hearing at Harbor Justice Center on April 22 ended with Judge Thomas Glazier denying a motion to reduce charges under Penal Code section 17(b) and finding sufficient cause to hold the accused to answer on multiple counts, despite defense arguments that the evidence failed to establish intent or possession of several alleged items.
Deputy Public Defender Patricia Lopez Laguna argued that the evidence did not support the accused having intent or possession of the tools alleged in the counts against her.
On March 30, after police officers conducted a traffic stop and search, the accused was found in possession of stolen identifying documents, methamphetamine and associated paraphernalia, and burglary tools.
The accused was stopped by a patrol officer in Newport Beach, who was the primary witness called to the stand. In questioning, the officer testified that during the stop he requested consent to search the vehicle, which the accused granted, and after the search determined that identifying financial documents were discovered inside the car.
During witness questioning, Deputy District Attorney Samantha Shafia asked where the documents were found. There were three bags in the car: a Volcom canvas bag, a black leather bag and a Mario children’s backpack.
Two of these bags were in the possession of the passenger in the accused’s car, while the other was in the back passenger seat. The accused, when questioned further, “denied the intent to use mail as fraud” and had been “picking up trash,” according to the police report.
Alongside these bags, the witness’s partner patrol officer found drug paraphernalia and methamphetamine inside the accused’s glasses holder on the ceiling of the car. However, the primary witness, although reporting this, never saw it himself.
In the police report used in the hearing, it was reported that “all items found were all located on the passenger floor.”
Furthermore, the search revealed a credit card scanner and a Flipper Zero. DPD Laguna asked if the scanner had been tested and whether any credit cards had been found alongside it, to which the primary witness responded, “Not that I can recall.”
In the context of possession, she also pointed out that the Flipper Zero was in the Mario backpack, which was the property of the accused’s passenger.
The accused and the passenger were then questioned by police, which began with the accused denying having illegal items. However, according to DPD Laguna, the accused “changed testimony when questioned together [with passenger].”
Once police questioning was complete, DPD Laguna argued that the questioning and stop had revealed “up to this point no information to demark what was owned by [the accused] and [the passenger].”
After witness testimony was complete, Judge Glazier asked DPD Laguna if there were any further motions she wished to bring before the court.
DPD Laguna requested a 17(b) motion, citing that “what’s most lacking is evidence for intent to commit fraud.” She also argued that Count Four, alleging possession of burglary tools, should be dismissed because they were confirmed to be “the sole possession” of the accused’s passenger.
Judge Glazier responded to the 17(b) motion, stating that, in regard to the financial documents, “It’s not paper to start a campfire.”
He then denied the request for 17(b), stating that this was “not the kind of case for 17(b) in any way.”
Despite the passenger claiming the Flipper Zero was her “sole possession,” Judge Glazier also held the accused responsible for Count Four.
Judge Glazier ruled that Counts 1, 2, 3, 4, 5, 6 and 8 were committed. Trial is set for May 4 at 8:30 a.m. in Department C5, Santa Ana Superior Court.
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