San Francisco Hall of Justice – Photo by David M. Greenwald
A visiting judge from Los Angeles County Tuesday at the San Francisco Hall of Justice drew scrutiny, after holding all six counts, including attempted murder, at a preliminary hearing while criticizing local in-custody policies, then making comments that prompted concern in a separate case.
The top charge in the first case was Count I for attempted murder.
The court’s failure to hold a preliminary hearing within its 60-day time limit brought the accused in Tuesday’s case to his breaking point.
Before the proceedings began, the accused attempted to speak quietly with Deputy Public Defender Pardeep Heyer but was quickly silenced by Judge Scott Millington.
“Keep it down,” Judge Millington said.
As the first witness was being sworn in, the accused got out of his chair in frustration and headed toward the front of the courtroom, where he stopped in front of the bailiff with his arms behind his back.
The bailiff immediately grabbed the accused and placed him in handcuffs, as the judge and other court staff stood up in reaction.
As the bailiff ushered him into the holding cell, followed by Heyer, the accused continued repeating, “But it’s the 62nd day!”
It was later clarified by court staff that the last hearing had taken place on Dec. 17, 2025, but taking into account holidays, the following hearing had fallen on the 62nd day.
During the brief interruption, as Heyer spoke with his client in the holding cell, and Judge Millington doubled down on his previous comments regarding his disapproval of San Francisco policies on how the bailiff handles those in custody.
“You guys in SF do things differently. You just let ‘em walk in. In LA we have a cop behind them at all times,” Judge Millington said.
The comments continued.
The judge asked the bailiff if he had “backup” because the accused was a “big guy,” and expressed shock that Heyer was in the holding cell with his client without court personnel having a visual.
“This is backwards,” Judge Millington said. “Next time he comes out, I want him handcuffed, with one handcuff to the chair.”
As Heyer was wrapping up his conversation with his client, Judge Millington instructed the audience and court staff to leave immediately if anything were to happen again.
“There is more power in numbers,” a courtroom clerk said with a laugh, referring to how audience members and courtroom staff might respond should the accused get out of his chair again.
Judge Millington laughed and said if anything were to happen, he could throw his robe over the accused’s head.
Judge Millington then ordered the accused to come back immediately.
Handcuffed to the chair, the accused apologized for his behavior.
Judge Millington said he does not hold grudges and accepted his apology, but that he expected no more disruptions.
When the hearing resumed, five witnesses were called to testify, the first being an alleged victim of the incident.
On the night of Aug. 2, 2021, the alleged victim and his late father were standing outside when a male tossed a 2-3 inch pocket lighter at them, referred to throughout the hearing as a “torch light.”
What followed was a physical altercation on the street between the alleged victim’s father and the accused, involving a knife that belonged to the alleged victim’s father.
Throughout direct examination, Assistant District Attorney Sarah Quinones emphasized the injuries found on the alleged victim’s father’s body.
In cross-examination, the alleged victim testified that there were no other people involved in the altercation other than him, his father and the accused.
Four police officers from the incident were called to testify, the first of whom had been a witness to the altercation and testified to seeing the knife in the alleged victim’s hand.
However, the remaining officers arrived at the scene later and based their testimony on statements gathered by secondary witnesses of the incident, stating that the accused had been attempting to stab the alleged victim in the chest.
One officer testified that the alleged victim who took the stand at the beginning of the hearing told the officer on the day of the incident that the accused knocked a woman out of her wheelchair.
Heyer later argued no video evidence of this was presented to the court, despite his having received videos of the incident in discovery.
Heyer’s cross-examination of the police officers emphasized the officers’ failure to ask who the knife belonged to upon arriving at the scene, as well as their failure to address the injuries of the accused — despite the accused having open, visible and bleeding wounds that the officers testified to seeing.
“Did you not feel it was necessary to ask how he [the accused] got those injuries? Did you assume that he was the one who owned the knife?” Heyer asked, referring to photo evidence of his client’s injuries.
The officer did not have much of an answer to either question.
In closing, Heyer urged Judge Millington to dismiss all counts, but specifically the first count of attempted murder.
Heyer argued that it was a mischaracterization of what was really a mutual combat street fight.
“My client entered without any weapons,” Heyer said, to which Judge Millington responded humorously, “If you don’t count the torch light.”
Ultimately, the accused was held to all six counts, including attempted murder, with Judge Millington putting the most emphasis on assaulting the woman in a wheelchair.
His bail was set at $100,000.
In a separate hearing Tuesday morning, the same visiting judge brought attention to family members present in the audience for a white man, after denying a previous accused man permission to look at his wife in the audience.
A Black man in custody accused of burglary was called and began with Deputy Public Defender Nuha Abusamra’s statement that his wife was in the audience to support him.
“That’s a strange way to put it,” Judge Scott Millington said, to which Abusamra responded, “Well that’s how it’s done here in SF.”
Near the end of the hearing, the accused turned around and was immediately reprimanded by Judge Millington for doing so.
The accused cooperated.
When Abusamra asked to speak with her client, the court said she could do it right there, in the middle of the courtroom, as the next case was being called.
Around an hour later, a white man in custody accused of breaking and entering had his case called.
Deputy Public Defender Semuteh Freeman brought attention to her client’s parents, who were present in the audience.
In response, Judge Millington smiled and directly addressed the parents in the audience.
After a brief discussion of whether the accused should be released, Judge Millington went off the record and asked the parents whether their son would stay out of trouble.
“I believe he will,” his mother said.
Judge Millington then turned to the accused to ask him the same question.
“99% of these cases that I see have no one in the audience there for them. Don’t mess it up,” Judge Millington said.
Freeman requested her client be released on OR.
Assistant District Attorney Samantha Phelan did not object so long as it was with ACM (Assertive Case Management).
Judge Millington granted Freeman’s request with ACM.
He then asked the accused to turn around to the audience and thank his parents for being there.
“You can tell them you love them,” Judge Millington said.
The mother asked if she could give her son a hug, and Judge Millington left it up to the bailiff.
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Categories: Breaking News Court Watch Northern California Court Watch San Francisco Court Watch Vanguard Court Watch Tags: Attempted Murder Court Watch in-custody policies judicial conduct Preliminary Hearing Racial Disparities San Francisco Courts