San Francisco Hall of Justice – Photo by David M. Greenwald
SAN FRANCISCO, CA — In a Tuesday morning preliminary hearing in Department 9, Judge Simon Frankel heard testimony in a case involving two codefendants accused of attempted robbery and assault from an incident that occurred in the early morning hours of October 9.
According to testimony, the complaining witness said he was robbed and beaten at around 2 a.m. by multiple males described as Black, approximately 18 to 20 years old, wearing black masks and dark clothing, with one in a dark blue shirt. The group allegedly told him to empty his pockets. The officer testified that the witness resisted and was successful, after which the suspects fled in an unknown direction.
The witness told police he saw the same group attempting to rob someone else shortly after. He said he was thrown to the ground, punched, and stomped for five to ten seconds, sustaining injuries to his right arm and shoulder. The officer described the wounds as fresh and bleeding, with a medium amount of blood visible.
Though the charging documents mentioned stab wounds, no knives were found on the men arrested. During cross-examination, the officer confirmed that the victim never got a good look at the assailants and could not identify them because he was not wearing his glasses at the time. The second defense attorney also emphasized that no knife was seen or recovered and that nothing was taken from the victim.
The prosecution attempted to introduce an email referencing an alleged knife admission, but defense attorneys objected. Judge Frankel sustained the objection and dismissed the witness.
Judge Frankel said he was inclined to hold the defendants on Counts 1 and 3 but was uncertain about Count 2, which involved a second victim. He asked Assistant District Attorney Brooks how the prosecution could link the defendants to the crime. Brooks argued that “location matters, timing.”
Judge Frankel replied that “times don’t exactly match up.” Brooks responded that the suspects were “wearing dark clothing, mask,” and acknowledged the evidence was circumstantial but sufficient to proceed.
The first defense attorney countered that there were problems establishing identity, calling it a “usual suspect issue.” Judge Frankel disagreed, saying there was close proximity between the suspects and the crime scene. The defense maintained that there was a large group of people, no reliable tracker or identification, and no clear timing or link to the alleged stab wound in Count 2.
The co-defendant’s attorney added that there was “no stable ID” for Count 2, citing witness vision issues and uncertainty about what was actually seen.
Despite the challenges, Judge Frankel said he was sticking with his inclination to hold the defendants on Counts 1 and 2, citing the lower standard of proof at a preliminary hearing. He noted that video evidence showed an attack on one victim and said he felt confident enough to issue a holding order.
The Public Defender challenged that interpretation, arguing the video only showed people hanging around a liquor store. He said one person grabbed another, precipitating a fight, and that the person in blue—possibly his client—ran up and hit the victim, leading to a brawl.
He questioned the robbery element of Count 3, arguing that a phone fell out during the struggle and that there was no intent to deprive the victim of property, as required under law. “It was a lost phone, not a robbery,” he said, noting that someone took the phone but “they aren’t sure who.”
Judge Frankel ruled there was sufficient evidence on Counts 1 and 3. On Count 2, he admitted it would be “hard to imagine” a conviction at trial but said there was enough for the preliminary hearing standard.
The defense briefly asked to change the defendants’ custody status, with one attorney noting his client was 26 with no prior record. Judge Frankel declined, citing concern over the level of violence shown in the video.
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Categories: Breaking News Court Watch Northern California Court Watch San Francisco Court Watch Vanguard Court Watch Tags: Attempted Robbery Court Watch Criminal Justice Judge Simon Frankel Preliminary Hearing Public Defender San Francisco Superior Court San Francisco, CA