OAKLAND, Calif. — An accused man remained jailed Tuesday after telling an Alameda County Superior Court judge that a lack of transportation prevented him from making a required court appearance, resulting in an arrest warrant despite his participation in a court-ordered pretrial services program.
During a preliminary hearing Aug. 4, Public Defender Erin Herrera requested that the accused be released on his own recognizance, or OR, after he said he was “being bullied” while participating in the pretrial services program. The defense argued the accused’s distrust of the program prevented him from seeking assistance from pretrial services facilitators.
The accused faces felony allegations under California Penal Code Section 496 involving possession of stolen property and was initially placed in a pretrial services program. As he awaited trial, he was provided housing and required to attend Alcoholics Anonymous meetings as part of his diversion pathway.
His failure to appear for a court proceeding violated the conditions of his release, prompting Judge Thomas Reardon to issue a warrant for his arrest.
The accused, who had been residing in Marin County before his current detention, said he was unable to secure transportation to court, resulting in his missed hearing.
The accused testified in court, recounting his daily routine as a participant in the pretrial services program. He expressed dissatisfaction with the program’s structure, highlighting a six-month limitation period that he said prevented him from obtaining a job or pursuing an education.
After emphasizing his frustration, he further said he had been bullied within the program. However, the accused’s allegations did not make clear whether pretrial services facilitators or fellow participants were responsible for the conduct that led to his distrust.
Judge Reardon followed up on the testimony and asked whether the accused had notified pretrial services about the encounters. The accused replied that he had not.
Judge Reardon emphasized, “They are right across the street!”
The accused then narrowed the scope of his testimony, expressing concern about whether he would have a housing plan if released on OR. Consequently, he opposed admission into additional pretrial services programs as a condition of his requested release from custody.
Judge Reardon requested that Herrera schedule a follow-up preliminary hearing, along with an additional pretrial services hearing to further discuss the accused’s circumstances and conditions.
Until then, the accused will remain in custody.
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