By Annie Rudolph
MODESTO, CA – A woman—who said she had to care for a sick grandfather—was stuck in jail here after Stanislaus County Superior Court Judge Shawn Bessey late last week said the woman had too long a criminal record.
Judge Bessey refused a defense motion to release the accused woman on her own recognizance (OR) at the case management pretrial hearing.
The defense argued the accused can’t pay her set bail, but that she needs to get back to her 85-year-old grandfather, who is battling cancer. As his primary caregiver, the accused is unable to drive her grandfather to the hospital or provide medical care for him while in custody, said the defense.
The accused is facing two felony charges that have been trailed over months throughout five case management conferences.
Deputy District Attorney Kirk Brennan noted the accused’s criminal record to object to her possible release, focusing on the accused’s attempted murder conviction from more than 27 years ago and miscellaneous felonies from other counties as reasons for her continued incarceration.
Judge Bessey embraced DDA Brennan’s argument and decided to uphold the set bail, agreeing that “ongoing criminal conduct” justified denying the accused OR or a reduction in the bail amount.
Referencing the accused’s out-of-county criminal record and prior failures to appear, Judge Bessey said the court could not fashion any restrictive means to ensure that the accused would appear in court.
The defense urged the court to consider the accused’s role as the sole caregiver for her grandfather and the animals in her household, but Judge Bessey argued the unknown possibility that the accused may pose a threat to persons or property and dismissed the defense counsel advocacy for the accused’s release.
Judge Bessey also disagreed with the defense objection to the current bail that the accused is incapable of ever posting. The hearing concluded with Judge Bessey denying bail reduction and setting a preliminary hearing for April 16.
