Judge Orders Electronic Monitoring for Funeral Release Despite Defense Objections Over Family’s Financial Burden

San Francisco Hall of Justice – Photo by David M. Greenwald

SAN FRANCISCO — During a June 30 hearing in Department 27, Judge Justine Cephus ordered the accused to wear an electronic ankle monitor as a condition of temporary release to attend his great-grandmother’s funeral, despite defense arguments that the requirement would impose a significant financial burden on his family.

The accused’s great-grandmother had recently died, and Judge Cephus agreed to make an exception to custody by allowing the accused to be temporarily released to attend the funeral, which was scheduled for the weekend of July 4. The accused was ordered to surrender in Department 22 on July 6, the Monday afterward.

Despite granting the temporary release, Judge Cephus said she remained concerned about the accused’s behavior. Deputy District Attorney Aaron Johnson opposed the release and presented exhibits showing the accused with “an AR-style firearm in his waistband” in social media posts, arguing that the accused posed a potential danger to the public. Because of those concerns, Judge Cephus ordered the accused to wear an electronic monitor during the period of temporary release.

Deputy Public Defender Grant discussed the financial implications of the court’s potential action regarding his client’s pending five-day release and shared concerns about what the accused would be required to do if released. He stated that if the accused were ordered to wear an ankle monitor, the family would bear a significant financial burden because the program includes two fees: an installation fee and a minimum one-month subscription, despite the monitor being used for only five days.

He argued that the financial burden was unnecessary because the accused’s mother had taken time off work for all five days of the release so she could provide full supervision. The accused was also represented by the Public Defender’s Office, a circumstance that may suggest limited access to financial resources. However, no direct claim was made regarding the family’s finances beyond concerns about the costs of electronic monitoring.

Grant stated that if the accused were ordered to wear an ankle monitor, the family would bear a significant financial burden because the program includes two fees: an installation fee and a minimum one-month subscription, despite the monitor being used for only five days. He argued that the financial burden was unnecessary because the accused’s mother had taken time off work for all five days of the release so she could provide full supervision.

The accused was also represented by the Public Defender’s Office, a circumstance that may suggest limited access to financial resources. However, no direct claim was made regarding the family’s finances beyond concerns about the costs of electronic monitoring.

Grant also noted that police searched the accused’s home and found no firearms.

Additionally, Grant argued that the accused had not failed to appear for any court dates or shown any signs of attempting to flee before his great-grandmother’s funeral. Judge Cephus acknowledged the accused’s close relationship with his late great-grandmother and recognized that the family was paying for the funeral services.

Judge Cephus nevertheless ordered electronic monitoring, requiring the accused’s family to pay both the installation fee and the monthly subscription fee despite the monitor being used for only five days.

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