OAKLAND, Calif. — A man serving multiple serious and violent felony convictions waived his Fifth Amendment protection against self-incrimination Tuesday in Alameda County Superior Court so he could testify on his own behalf during a hearing on his petition for a writ of habeas corpus. Acting as his own attorney, the accused sought to challenge aspects of his continued detention, presenting witnesses and evidence in support of his petition.
The accused filed his petition for a writ of habeas corpus on Feb. 10, 2025, while in custody.
Detained on five felony convictions, the accused was convicted of murder with malice aforethought and carjacking. His sentence also included three enhancements based on prior felony convictions.
The accused called criminal defense investigator Francie Koehler as his first witness. Koehler holds a master’s degree in criminal justice and is pursuing a doctorate in behavioral studies.
Assistant District Attorney Demarris Evans objected to the probative value of Koehler’s testimony, arguing that it “…holds extremely limited probative value.”
Judge Tom Stevens overruled the objection, finding the argument unpersuasive on the issue before the court. He permitted the accused to proceed with Koehler’s direct examination, provided it remained under 10 minutes.
ADA Evans later objected again, arguing Koehler’s testimony was biased. Judge Stevens overruled the objection, explaining that the argument did not concern the admissibility of the witness.
During direct examination, the accused questioned Koehler about her experience working with individuals recovering from substance abuse. Koehler testified that she guides participants through educational substance abuse treatment models and meets with several individuals each week, many of whom have multiple criminal offenses.
Asked to describe the relapse process for people recovering from substance abuse, Koehler responded, “It depends on how detrimental the relapse is.” She also described mental health and recovery services available to participants, including Alcoholics Anonymous, parenting classes and anger management classes.
The accused then asked, “Has your training and behaviors study degree helped in any way with [providing] treatment?”
She responded, “Helps in the sense that it helps mental health issues.”
During cross-examination, ADA Evans asked whether individuals with histories of violent offenses are permitted to participate in the treatment program. Koehler answered yes.
ADA Evans also asked, “Are there people who have committed homicides under the influence [in the treatment program]?” Koehler again answered yes.
The accused then called himself as his second witness, waiving his constitutional protection against self-incrimination to testify in support of his petition.
He testified that before his most recent arrest he had been released to the Conditional Release Program, or CONREP, on March 28, 2025.
As part of CONREP, he said he was required to attend several monthly mental health treatment sessions through community-based outpatient supervision.
He also testified that the program required weekly meetings with a therapist and monthly appointments with a psychiatrist.
Reading from CONREP records, the accused pointed to documentation reflecting his attendance and behavior. He read positive evaluations from program facilitators describing his participation and conduct.
The accused acknowledged purchasing a vehicle on May 2, 2025, despite that purchase violating the terms of his CONREP agreement.
He testified that after informing a CONREP facilitator about the purchase, he believed the two had reached a verbal agreement allowing him to keep the vehicle.
Despite what he described as that verbal agreement, the accused testified that his psychiatrist later classified him as both a “flight risk” and a “threat to the public.” He said the determination ultimately resulted in the vehicle being taken from him.
The accused testified that those events caused him to lose trust in the CONREP program and led him to refuse participation in substance abuse programs affiliated with the organization.
As the court recessed for lunch, Judge Stevens instructed the accused to keep the remainder of his testimony to under one hour when the habeas corpus hearing resumed.
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