By Holly Werris
WOODLAND, CA – Probation and prosecution attempted to revoke supervised release over a misdemeanor theft and a failure to respond to probation for an accused here in Yolo County Superior Court last week.
But Judge Tom Dyer ruled the accused—charged with felony grand theft and possession—may retain her supervised release on new conditions, remarking that it’s clear to the court her thefts are driven by drug addiction.
Defense Attorney Rodney Beede explained that probation’s reasoning for revocation of release was twofold, after first admitting, “It must be said that it’s not based upon (the accused’s) ever not appearing in court.”
The first reason, Beede said, was the accused failing to respond to probation knocking on her door while she was in the shower. She got out of the shower when she heard it and was getting ready to answer the door when probation forced entry.
Probation’s second reason to revoke her release was the accused’s new misdemeanor petty theft charge, added Beede, who argued the accused should retain her supervised release with a new condition requiring drug testing every week.
Deputy District Attorney Deanna Hays responded the accused should be remanded into custody with new bail because, added Hays, the accused was on supervised release because she had originally forfeited her bond by not attending court, resulting in her bail bondsman attempting to take her car.
The accused’s supervised release was designed so she would not have to pay bail again, “even though she hadn’t been showing up to court, and that’s why her bail bond was forfeited on, might I add, three separate felonies,” DDA Hays explained.
Hays said it is difficult for probation to supervise the accused because she refuses to comply with probation, noting, “She’s claiming she can’t hear people knock at the door.”
On the shoplifting charge, Hays asserted the accused claimed in emails to probation that it was a “bad decision” she made because she was angry.
“It doesn’t really seem like anything that probation is doing is getting through to (the accused)… nor does she seem to have the ability to comply (with probation). It’s a lot of ‘I’m sorry but I really have excuses for everything I do,’” said Hays, charging that, with the accused’s new theft charge, she is a public safety risk.
In response, Beede added that attending Narcotics Anonymous and participating in an anger management class should be two additional conditions of the accused’s supervised release.
The judge agreed.
