WOODLAND, CA – Judge Daniel M. Wolk maintained the accused’s bail at $400,000 at a felony attempted carjacking preliminary hearing here this week in Yolo County Superior Court, despite Deputy Public Defender David Muller requesting a reduction to $50,000 because of the accused’s financial hardship.
In court, the fairness and impartiality of the suspect photo lineup came into question by the defense, which argued the accused was the only person with a distinctive face tattoo in the six-pack photo lineup shown to the victim.
The court was informed that on Aug. 9, the alleged victim was unloading and positioned at the rear of his black 2009 Chevy Silverado when a “white male” entered his driver’s seat. The victim confronted the suspect and attempted to remove his keys left in the ignition.
Officer Seth Killion, who was Deputy District Attorney Gustavo Figueroa’s first witness on the stand, said he observed the victim, a non-English speaker, had a torn shirt and a contusion under his left eye and on his bicep.
The victim’s girlfriend, present at the scene, translated for Officer Killion and the victim and reported that the victim complained of pain, and reported through the translator that he had seen the suspect coming out of a nearby apartment earlier that day.
Officer Killion approached a woman walking near the apartments and asked if she knew who lived at the apartment specified by the victim. The woman claimed her son lived in the apartment and named the accused.
Officer Killion said he did not collect specific details about the suspect other than a description— “white male.” The officer said the victim’s girlfriend translated that the victim would be able to identify the suspect.
A six-image photo lineup was conducted the following day with Officer Andre Stoltenberg, DDA Figueroa’s second witness on the stand, and the victim. The accused’s image was third in the lineup, and, after going through the images once, the victim identified the suspect as the person in the first photo, testified the officer.
It was only after Stoltenberg asked the victim to go through the lineup again, slowly, that the victim identified the suspect as the person in photo three, the accused.
DPD Muller questioned the victim’s initial confusion in choosing photo one during the first round and changing to the photo of the accused in the second round, despite Officer Killion previously reporting that the victim was sure he could identify the suspect, according to the interpreter on the scene.
DPD Muller brought the images of the six-pack photo lineup into question, noting the accused was the only person in the lineup with tattoos and his image was the most distinctive given the tattoo over his left eyebrow.
DPD Muller questioned if it was a “fair and impartial representation of a photo lineup,” and asked the judge to “take in regards any statements Killion took on Aug. 9 with a grain of salt,” because the victim’s account delivered through the interpreters served as “multiple double hearsay.”
DDA Muller requested the court reduce bail from $400,000 to $50,000, because of the accused’s “considerable financial circumstances” under the Humphrey Standard, a law enacted by the California Supreme Court that makes setting bail to an amount that a person cannot afford unconstitutional, with the exception and consideration of public safety risks.
DDA Figueroa contested bail reduction given the “egregious criminal offenses.”
Although not established in evidence, DDA Figueroa claimed the accused’s mother was able to identify him on the scene, and, therefore, had no issue with identification.
Judge Wolk said the court “considered the seriousness of the offense” and would not make financial considerations, in an attempt to keep the public safe. The judge ignored the request to reduce bail under the Humphrey Standard, maintaining it at $400,000.
