Preliminary Hearing

SF Judge Denies Suppression Motion Despite Officer’s Contradictory Account

San Francisco Superior Court Judge John Echeverria denied a defense motion to suppress evidence, determining the prosecution had presented sufficient evidence to hold the accused to answer on a felony charge of possession of methamphetamine for sale. The ruling followed a preliminary hearing where the defense contended a lack of probable cause for the search.

Judge Dismisses Drug Sale Charges at Preliminary Hearing, Citing Insufficient Evidence

During a preliminary hearing, Judge John Echeverria dismissed two felony drug sales charges, ruling that prosecutors failed to present sufficient evidence of intent to sell, despite the recovery of 77 grams of methamphetamine. The decision was influenced by the arresting officer’s testimony, who characterized the likelihood of the accused intending to sell the drugs as “50/50.” Judge Echeverria emphasized that even the lower evidentiary standard of probable cause for preliminary hearings requires more than mere possibility to hold an individual to answer for a crime.

Court Watch: San Francisco Judge Denies Motion to Reduce Auto-Burglary Charge During Preliminary Hearing

Judge Lianne M. Dumas denied a motion to reduce the felony charge to a misdemeanor, despite arguments highlighting the nonviolent nature of the accused’s past criminal history, and held the accused to answer to Count I for second-degree burglary and Count II for possession of tools with the intent to break into a vehicle.

Yolo Elected Official Faces Fraud Charges as DA Investigator’s Relationship with Key Witness Raises Red Flags about Integrity of the Case, DA’s Office

At the preliminary hearing of Yolo County farmer and Yuba Community College District Trustee Jose L. Garcia, questions were raised about the impartiality of the investigation due to the close personal relationship between the lead investigator and a key witness, as well as the handling of funds belonging to Garcia’s mother.