SAN FRANCISCO — Despite acknowledging the accused’s progress and recent reduction of a felony conviction to a misdemeanor, a San Francisco Superior Court judge on Monday ordered that ankle monitoring remain in place during a custody status hearing after prosecutors argued the monitoring continued to be necessary.
During a custody status hearing in Department 20 on Monday in San Francisco Superior Court, Judge John D. Echeverria continued the accused’s ankle monitoring despite Deputy Public Defender Alexandra Stack arguing for its removal.
Prior to Monday’s hearing, the accused had a 17(b) motion hearing that reduced her felony conviction to a misdemeanor. However, the accused was brought back into custody on an assault warrant. During that time, a sheriff cut off the accused’s ankle monitor.
DPD Stack explained to the court that the accused did not own a phone at the time of her arrest. However, over the weekend, the accused obtained a phone. The ACM program in which she was enrolled said she did not contact the program. DPD Stack said the accused had been calling and leaving voicemails throughout the holiday weekend, but that ACM was the one “not taking her calls.”
DPD Stack then requested that the accused remain on ACM without the ankle monitor condition. DPD Stack explained that the accused is unhoused and that it would be “hard to charge” the ankle monitor.
Deputy District Attorney Madison Boucher said she does not “believe there is enough significant change to stop ankle monitoring.” DDA Boucher explained that she “worries” there will be a CPO violation by the accused.
Judge Echeverria agreed with DDA Boucher and said he wanted to ensure the accused complied with the CPO. Judge Echeverria acknowledged the accused’s progress and the efforts she has been making. Despite the accused’s cooperation and compliance with protocols, Judge Echeverria ordered that electronic monitoring remain in place.
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