Rookie DA Set Up to Take the Fall

The case was filed almost two and a half years ago in January 2009.  Because the DA was taking so long to dispense with the matter, Mr. Brown filed the paperwork himself for the Penal Code 1381 demand for a trial.  It was completed by Mike Cabral of the DA’s office and the defendant was delivered back to Yolo County.

The original hearing was scheduled for Monday, but Deputy DA Rob Gorman asked for the matter to be put off until Friday, May 13, in hopes of contacting the investigating officer and determining whether to plead the case as a felony.

However, on Friday, Mr. Gorman was not there and Kyle Hasapes sat in, looking and acting as though he were just out of law school.

Judge Fall has a reputation for being a difficult Judge, particularly for inexperienced attorneys, and Mr. Hasapes’ day went downhill quickly as he acknowledged he was unable to contact Sgt. Hancock as to whether the charges should be upgraded to felonies.

“Where is Sergeant Hancock?” Judge Fall asked.

Mr. Hasapes replied, “I don’t know.”

“Why is Sergeant Hancock the only one you can contact?” the Judge inquired.

The Judge was informed that this was whom the DA was told to contact.

“This was on calendar on Monday,” Judge Fall continued.  “The prosecution was going to know by today whether the case would be re-pled as a felony or not.”

Meanwhile, Richard Lansburgh, defense attorney, informed Judge Fall that his client was prepared to plead to the original offer, the second charge in the complaint.

There is a time limit on a 1381 demand and Judge Fall inquired whether the DA’s office would have “a charging decision I made in timely fashion so that if it qets re-pled as a felony, there is still time to get it to trial before the 1381 period expires?”

Mr. Hasapes replied that they would.

But Judge fall continued to press the matter and asked when the 1381 time period expired?

Mr. Hasapes looked for the paperwork in the file and after giving some nonsensical answers, Judge Fall finally asked, “Do you know what a 1381 demand is, counsel?”

The Deputy DA responded awkwardly, “I apologize, I do not.”

Judge Fall continued, “It is a demand by a prisoner in the Department of Corrections to be transported to a local court because of pending charges and it starts the one hundred eighty day time period running.”

Judge Fall, “For the People, this Complaint has a file date of January 23rd, 2009. So almost two and a half years ago your office filed the misdemeanor complaint. Two and a half years later your office still doesn’t know whether this should go forward as a misdemeanor or felony, and I don’t have a motion for amendment of the Complaint or anything like that.”

“Why are we putting this over to another date?” the Judge inquired.

Mr. Hasapes responded that they looked at factual evidence and came to “believe there was something else going on in light of those facts.”  He requested more time to investigate the matter.

Judge Fall did not relent.  “I understand you just got the file and you just became aware of this, but why has the Yolo County District Attorney’s Office not taken any efforts in the last two and a half years to figure out what the appropriate charging should be?”

Judge Fall asked what good cause they had for more time?

Mr. Hasapes continued to dig, “The only good cause, your Honor, I can find would be that if there was [sic] a felony in the situation, we should be able to pursue it.”

Judge Fall respond, “That sounds like something other than a good cause argument, counsel.”

Mr. Lansburgh argued that the people filed the charge on January 23, 2009 and that “the defendant has a right to plead to the sheet if he wants to, today.”

Judge Fall agreed that he is allowed to do that.

Mr. Hasapes asked for time to respond in written motion, but Judge Fall reminded him that Mr. Gorman had told the court they would know by Friday.  He informed Mr. Hasapes that he would give him a few minutes to talk to his supervisors and then he would deal with Mr. Lansburgh’s request for his client to be allowed to enter a change of plea.

Judge Fall said, “we have not done one lick of work on this case since Monday, Judge, does not show good cause as to why I should give you more time to do anything.”

Mr. Hasapes responded that he had been in contact with Sgt. Hancock.

Judge Fall corrected himself, “I misspoke, there has been a single lick of work and nothing beyond that.”

When they returned from the brief break, the DA had accepted the inevitable and allowed Mr. Brown to plead to the original offer, Count 2 for driving at .08 or above blood alcohol level, and an enhancement for a prior DUI conviction in Alameda County in 2007.

Mr. Brown was due to be released from CDC in October of this year.

Judge Fall ordered a 120-day jail sentence to be served concurrent with his time in state prison.

—David M. Greenwald reporting