San Francisco Hall of Justice – Photo by David M. Greenwald

SAN FRANCISCO — A San Francisco Superior Court judge on July 21 continued a hearing on whether an accused man on electronic monitoring and home detention could attend a family gathering for his birthday, despite defense counsel’s representation that the supervising program had approved the request.

During a hearing in Department 15 of San Francisco Superior Court, Judge Harry L. Jacobs, sitting for Judge Charles Crompton, ruled to continue the hearing on whether the accused could leave home detention to attend his birthday celebration.

Deputy Public Defender Jasmine Ortega explained that the accused’s birthday is Aug. 5 and requested that his home detention be lifted for a couple of hours to allow him to celebrate.

Deputy District Attorney Diana Garcia objected to the request, stating that the accused has a “warrant for DUI” and had tested positive for “THC and alcohol.” Garcia added, “I don’t think it’s a good idea to let him out on his birthday.”

Judge Jacobs agreed with Garcia’s objection.

Ortega then told the court that the accused’s “program approved it,” but acknowledged she “didn’t have it in writing.” Judge Jacobs then asked the accused, “What was approved?” The accused responded, “A family gathering.” Judge Jacobs then asked where the gathering would be held and at what time, and the accused provided the details of the planned birthday gathering.

Judge Jacobs said he would “not approve it at this time” and would leave the decision to the judge who is “usually there.” The hearing on the request is scheduled for Aug. 4.

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Categories: Breaking News Court Watch Northern California Court Watch San Francisco Court Watch Vanguard Court Watch Tags: birthday request Court Watch Electronic Monitoring home detention Pretrial Release San Francisco Superior Court