WOODLAND, Calif. — A man facing misdemeanor charges remained in custody Friday as Yolo County Superior Court Judge Sonia Cortés addressed delays in obtaining a mental health placement report, prompting the defense to threaten legal action before the missing evaluation was delivered later that morning.
During proceedings in Department 8, the accused appeared in custody on misdemeanor charges of lewd conduct and two counts of battery against a peace officer or emergency personnel, according to court records.
Deputy Public Defender Andrea Pelochino raised concerns about delays in receiving a report needed to determine an appropriate treatment placement for the accused, whose criminal proceedings had been suspended because of questions surrounding his competency to stand trial.
According to the court’s minute order, criminal proceedings remained suspended under Penal Code section 1368, which governs competency proceedings when a defendant’s ability to understand the criminal process or assist in their defense is in question.
Pelochino told the court that the required report had not been received despite multiple referrals, including requests submitted by fax.
“I don’t think I have any option but to file an order to show cause,” Pelochino told the court.
An order to show cause would require the responsible party to explain why the court’s directive had not been fulfilled.
The defense requested confirmation of when the referrals had been submitted so the dates could be included in a declaration supporting the proposed filing.
During the hearing, the court discussed referrals dated Sept. 24 and Oct. 27, indicating that efforts to obtain the evaluation had been underway for several weeks.
Despite those requests, the report remained unavailable when the placement review began.
According to the minute order, the accused remained in custody with bail set at $1,000 while the court initially continued the matter to Nov. 16 because the report had not been received.
Pelochino agreed to the proposed date but indicated that she intended to pursue the order to show cause.
Later that morning, however, the defense requested that the court recall the case after receiving new information from the reporting provider.
Pelochino explained that after notifying Harper Medical of the planned legal action, she received the outstanding report by email.
“I just received the report via email, and it does recommend a commitment,” Pelochino informed the court.
With the report now available, the defense requested an earlier hearing rather than requiring the accused to remain incarcerated for another week while awaiting a placement determination.
Pelochino said she wanted the matter addressed promptly so the accused would not have to “languish in custody for another week waiting for that return.”
Deputy District Attorney Preston Schaub acknowledged that the report received by the defense had not yet been signed.
However, Schaub said he did not anticipate a change in its recommendation and did not oppose advancing the hearing if the court was willing to proceed.
Cortés agreed to move the placement review to Monday, Nov. 9, one week earlier than the previously scheduled Nov. 16 hearing.
The court also directed that the report be provided to the prosecution and court staff before the next appearance.
Although the report recommended commitment, the court did not make a final determination regarding the accused’s treatment placement during Friday’s proceedings.
The accused remained in custody with criminal proceedings suspended, pending further competency-related action.
The next hearing was scheduled for Nov. 9, when the court was expected to consider the report’s recommendation and determine the next steps in the placement process.
To comment please go to one of these social media platforms:
Facebook: https://www.facebook.com/DavisVanguard
LinkedIn: https://www.linkedin.com/company/peoples-vanguard-of-davis-inc/
Instagram: https://www.instagram.com/davisvanguard/
X: https://x.com/davisvanguard
Bluesky: https://bsky.app/profile/vanguardnewsgroup.bsky.social
Subscribe to the Vanguard News letters. To make a tax-deductible donation, please visit davisvanguard.org/donate or give directly through ActBlue. Your support will ensure that the vital work of the Vanguard continues.
