By Kalani E. Gaines
SACRAMENTO – Jose Conde Baeza found himself in Sacramento County Superior Court last week for the battery of a spouse almost a year ago—however, his wife, who suffered a major head injury, has made it clear she doesn’t want him prosecuted.
At the end of the hearing, despite his wife’s wishes, the defendant’s case will proceed and the court ordered him to stay away from his spouse.
Deputy District Attorney Renishta Lal described the details as to how the victim’s injury occurred through a witness statement. According to the witness, Conde Baeza and his wife had a verbal argument. Conde Baeza eventually pushed the victim to the floor and began to alternatively strangle her and slam her head into the ground.
“This happened for seven minutes to the point where she had a five-inch laceration at the back of her head,” Lal read off the statement “Her head was split open in the back and had to be put 
back together with 13 staples.”
Based on the summary of the incident, Lal noted that the victim was uncooperative with law enforcement.
Assistant Public Defender Samantha Ting, who had been newly appointed at the beginning of the hearing stated “I don’t think that Ms. Doe was uncooperative. She did answer all the questions that the victim advocate asked her—it’s just that she didn’t quite say what the DA was expecting her to say.”
Ting stated that the victim said she is not fearful if Conde Baeza remains out of custody.
“In regards to what Ms. Doe says she wants to occur in this case, she does not wish Mr. Conde Baeza to be prosecuted,” Ting stated. “She says he does not have any substance abuse issues, any alcohol abuse issues, any mental health issues, he does not have any weapons, or firearms access.”
Ting additionally noted that law enforcement had asked the victim a series of questions including these issues, and if Conde Baeza had ever done this before, or if he was jealous or controlling. The victim answered no to all of the questions.
Ting asked that Conde Baeza remain out of custody on his $50,000 bond because he has no record at all, and that he is rated Level 1 for public safety, the lowest level possible.
“If the court feels concerned for safety, there are other alternative methods rather than increasing bail,” Ting stated, “It can impose supervision, it can impose reasonable conditions”.
“I cannot ask for a no contact order because the victim specifically said she doesn’t want it” Lal said, “You do have the ability to, if you believe that her safety is an issue, your Honor.”
The court ruled conditions for release are that Conde Baeza have no alcohol consumption and no contact with the victim or the witness. The next court date is on Dec. 2.
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