By Keana Fortier-Sauray
ALAMEDA, CA –In Alameda County Superior Court Friday, Lamont Lomack appeared before the court, with his defense attorney Sierra Dugan, to set a court date for his preliminary hearing.
Just like they’d done numerous times.
But after the fourth continuance since February because of, allegedly, officers not being available to testify, Dugan insisted the judge intervene to get her client a “speedy trial.”
Lomack is being charged with felony for alleged theft of vehicle using force or fear, and charges of kidnapping being involved with the theft.
Defense Attorney Dugan objected to the continuance and said there were no papers filed and requested a subpoena be presented for valid reasoning as to why the officer(s) has not been able to appear to court.
“Simply saying that an officer is unavailable, I don’t think, should be sufficient for the court,” she said. “I request the name of the officer and proof that there was an actual subpoena filled in this case,” she declared.
Dugan argued that if there is no subpoena filed, then there is no good cause for these continuances, and Lomack should be entitled to his preliminary hearing.
She stated it is now the fourth time they have been in front of the court since February, and the case has been reset numerous times when an officer was supposedly unavailable.
But there has been no proof that an officer has been ordered to appear before the court, the defense attorney said, requesting to see proof the officer has been subpoenaed.
“I’m making that request now, and asking that the subpoena be provided to the court this morning so that we can have an understanding if there is in fact a good stage basis,” Dugan said.
Judge Collin Bowen said he is not going to order the subpoena from the officer, but he will accept a withdrawal of the time waiver.
“I’m not going to order the DA to produce the subpoena, but the court is concerned,” said Judge Bowen, adding, “The court would accept the withdrawal of the time waiver.”
With frustration, Dugan stated she had already withdrawn the time waiver at least twice.
The judge ordered the case to be a priority, and be ready to proceed on May 13. If the prosecution is not ready, he said “the People should be ready to proceed or deal with the consequences.”
