By Jose Medina
SACRAMENTO – Defendant Marcus Dearmond may have had a point here late last week when he claimed his due process rights were being violated after—on his third attempt to have bail set—he again saw his case continued because the district attorney’s office wasn’t ready to make him an offer.
Dearmond made an in-custody appearance in Sacramento County Superior Court for an offer on a probation violation. However, it was also brought to the court’s attention that the defendant had new charges pending and that they would not be able to proceed with giving Dearmond a new offer in his case.
Dearmond desperately pleaded to Judge Michael A. Savage to set a bail for his probation violation case. He later on insisted, saying that “it’s the least you guys can do since my due process has been violated twice,” referring to the two other times he’s appeared in court for bail review.
Assistant Public Defender Teresa Huang, Dearmond’s defense attorney, added, “Your honor, I don’t see there being any reason why there needs to be no bail.”
Judge Savage denied Dearmond’s request and explained, “Here’s the problem…this is already his third violation. I don’t know anything about the facts, and I don’t know anything about the new case so I gotta know about what’s coming in order to make a decision about whether or not I would grant him bail on this case… can’t do that today.”
Judge Savage then assigned a new date and time for Dearmond to come in to receive a bail offer on his case, and Huang agreed to the rescheduling and mentioned that “ the week would give me enough time to find out what the new charges are so that I can properly advise Mr. Dearmond on what to do.”
Dearmond sounded distraught at the idea of waiting another week to come into court for a bail offer. He continued to insist that he be given an offer since he felt that his due process rights had been grossly violated.
Dearmond continuously interrupted Judge Savage’s ruling and stated, “I’m not trying to get a freebie; I just want my due process. They’ve violated my due process twice, this makes it three times now, I’m innocent.”
Judge Savage ruled that there is nothing that can be done at the moment and will schedule the next hearing for Aug. 19 at 8:30 a.m.
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