WOODLAND, CA – Deputy Public Defender Peter Borusso referenced a “frustrating” situation to Judge Sonia Cortes at a review placement hearing Tuesday in the Yolo County Superior Court.
Borusso claimed the accused had been unable to receive their placement at the Walter House, a rehabilitation facility, because of a name mix-up, resulting in prolonged jail time.
The accused is facing charges for two felonies and two misdemeanors from an incident on Aug. 27, 2024.
Crimes alleged include using personal identifying information of another to obtain goods, conspiracy to commit a crime, possessing a controlled substance, unlawful possession of paraphernalia used to inject/smoke, and two enhancements for prior serious felony conviction and circumstances in aggravation.
In January, the accused was No. 3 on the waitlist at the Walter House. According to DPD Borusso, the accused should be at the facility right now, but his placement at the Walter House was given to someone with a similar name.
This technical issue had occurred on the court’s part, charged Borusso, who added the accused did want to do treatment, but because of “no mistake of his own, was mistakenly not placed.”
Though the mistake was noticed by Judge Cortes, the accused was not given immediate placement at the Walter House facility and instead placed back on the waitlist, as No. 15 in line. At the time of the review, the accused was 11th on the waitlist, though DPD Borusso argued he should have been given top priority since it was a court error that had denied him treatment.
Borusso emphasized the error had caused the accused to “(stay) in custody longer than he would have, had this unfortunate mistake not been made.”
Probation Officer Diana Fong stated that the accused had “currently no status with probation,” and was still being held in custody.
Deputy District Attorney Jesse Richardson commented it was a “pretty nonsensical move by the staff in charge of transporting people to programs,” adding, it was “ultimately a call for the court to make.”
Judge Cortes ruled the accused may be released once a spot at the Walter House becomes available, and set a Trial Readiness Conference for Feb. 19.