By Audrey Sawyer
MODESTO, CA – A 2021 case involving a man accused of annoying misconduct with a child (considered a misdemeanor) was the subject of a hearing this week, and the possibility of the accused accepting a plea deal was floated in Stanislaus County Superior Court.
Deputy Public Defender Preciliano Martinez referencing the accused “hearing voices” and a concern for possible schizophrenic tendencies.
And even Deputy District Attorney Aurora Maddocks suggested reducing jail time, noting the accused’s possible mental health issues in prison.
Judge Linda McFadden stated at the beginning of the hearing the case “needs to go to trial, as it has been pending too long, emphasizing the possible plea deal will end soon, and the accused is “very likely going to state prison and will be remanded on the spot.”
DPD Martinez told the court the accused has told him that he feels “not mentally fit to make his own decision, while I told him that he is ultimately responsible for his own decision.”
However, DPD Martinez added some mixed emotions regarding the plea deal and whether or not the accused is able to understand the full impact of possibly taking the plea, explaining, “In the beginning, I would have agreed with the parents (who do not feel him mentally fit to take the plea). I noticed that he seemed to be more aware of what was happening.”
DPD Martinez added, “He [the accused] does say he occasionally hears voices. He seems to know well enough that he wants to take the deal. His parents are concerned about mental fitness, (and) he has had issues becoming schizophrenic.”
Regarding the accused’s schizophrenia, DPD Martinez said, “I don’t know if I can feel he is not aware of what is going on.”
Judge McFadden pointed out that if the accused is able to “behave and stay out of trouble, they are saying that they are not going to ask for any actual jail time. A lot of times, they do not suspend the execution. Usually when jail time is suspended, it means no jail time unless you violate probation.”
But the judge repeated that, given the charges, there is a “good chance” the accused will go to prison.
DPD Martinez requested for one day of additional time in order to go over everything with the accused, once again noting he just wants to make sure that everything is understood.
DDA Maddocks chimed in that she is making the offer to get a stay away order for the victims, but also because she knew the accused had obtained mental health treatment.
Maddocks said the prosecution “wants to give him the benefit of the doubt.” She suggested she does not think sending him to prison will be beneficial, as it will hurt the accused’s mental health and she would be unable to obtain the recommended stay away orders.
The deal, which had begun as being 365 days suspended, became 300 days suspended.
While DPD Martinez did not get an additional day, it was agreed upon by the parties to come back to have some additional time to discuss the possible plea with the accused.
