By Alexander Ramirez
WOODLAND, CA – The alleged victim of a battery last year pleaded with the judge this week in Yolo County Superior Court for the case to move forward because, ironically, the victim was being deprived of seeing their children because of a different court order
The accused is being charged with battery against cohabiting spouse or former spouse, and unlawful entry of dwelling or house since November of last year.
Defense Attorney Michael J. Wise began the trial readiness conference by telling the court that he was not ready to proceed with the case because of discovery issues and a packed schedule leading to the nearest possible trial date for him to be June 20.
Deputy District Attorney Ching Chuang Ko objected, arguing she has been prepared to proceed with court matters at every appearance.
“I understand that the defense has a lot of trials due to COVID and all of that, and so are we, but here we are. We need to get this case to go out,” Ko said.
DDA Ko added, “And my victim is here again, present on every court date, ready to address the court of how continuing this trial is causing him a lot of suffering because he cannot see his kids freely, and as a parent that is very frustrating. My victim is here and ready to address the court whenever your Honor is ready to hear it.”
Judge Tom Dyer obliged.
The victim began, “I just want to inform the court of the circumstances surrounding this case. The case that we are prosecuting is the same incident in which (name redacted because charges are misdemeanors) filed a TOR against me last year in November. So, ever since then there was like, a month or more that I wasn’t able to see the children, and it has been dragging on longer and longer.”
The victim continued, “And the family court is trailing the criminal court and the longer this drags out, the longer I’m not able to see my kids freely. I see them very little…so it’s, you know, I miss out on a lot of their activities. They’re five and seven and it’s really stressing me out because I can’t see my kids. That’s why I’m here every single time.”
According to Ko, Judge David Rosenberg confirmed multiple trial dates during previous court matters and Judge Dyer questioned defense counsel Wise on these dates, but Wise explained that he notified the court that he would try to make those dates work, but pending discoveries made his trial schedule difficult.
“I’m doing my best to be available for trial, but I can only do one at a time and I need to prepare for each of them,” Wise said.
Judge Dyer noted, “So at this point, what the Court is going to do is set this matter out for jury trial June the 27th, and this will be at 8:30 in Department 14 with a trial readiness conference June 22.”
Judge Dyer made sure the minutes would acknowledge Wise’s tight schedule on that date.