Trying to balance the needs of courts with public safety, California judicial leaders issued a decision Saturday that has frustrated both prosecutors and public defenders.
Orange County Dist. Atty. Todd Spitzer, on the other hand, called on Cantil-Sakauye to issue a statewide order requiring preliminary hearings be held remotely.He complained that Orange County Public Defender Sharon Petrosino was insisting that clients appear in person for preliminary hearings, where prosecutors must show there is sufficient evidence to believe a crime has been committed.
Cathal Conneely, speaking for the Judicial Council, said the courts were doing their best during this state of emergency to balance health and safety concerns with litigants’ civil and constitutional rights. One of them was a former combat Marine who had been a prisoner of war and suffered from post-traumatic stress. He was recently arrested on suspicion of violating probation in 2010 but had committed no later crime.
“Practically everybody who was arrested since the 17th of March is in custody and has not yet seen a judge,” she said.
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