San Francisco Hall of Justice – Photo by David M. Greenwald
SAN FRANCISCO — Despite a key witness backing away from testimony suggesting the accused implied he had a gun during an alleged bank robbery, and despite defense arguments that the accused had consistently cooperated with the court, a San Francisco Superior Court judge ordered the accused released on electronic monitoring following a preliminary hearing July 1.
During the hearing, Judge Matthew Kahn addressed Deputy District Attorney Austin Weis after the witness rescinded part of the original account. In the updated version of the incident, the witness said they were no longer certain the accused had gestured toward his waistband in a manner suggesting he possessed a firearm. Reading from the revised report, Judge Kahn noted, “‘His hands may have just been at his side.’”
According to the evidence presented, the accused allegedly committed a bank robbery without displaying a weapon. Surveillance footage showed the accused seated across from a bank teller before passing a handwritten note stating, “This is a robbery.”
The accused was later located at a nearby McDonald’s with roughly $480 in his pocket. According to testimony, he had spent about $20 to buy himself food.
Deputy Public Defender Leo Fissel acknowledged the pending charges but urged the court to reconsider imposing electronic monitoring. Instead, Fissel asked that the accused be released to Assertive Case Management, or ACM, arguing that electronic monitoring was unnecessarily restrictive given the accused’s demonstrated willingness to comply with court orders.
Fissel pointed to the accused’s appearance in court July 1 as further evidence of that cooperation, arguing there was little indication the accused presented the types of risks that electronic monitoring is typically intended to address.
Electronic monitoring is generally reserved for individuals with histories of missing court appearances or violating stay-away orders or home detention conditions.
After considering the witness’s revised testimony and the parties’ arguments, Judge Kahn ordered the accused released to Assertive Case Management while requiring electronic monitoring as a condition of release.
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Categories: Breaking News Court Watch Northern California Court Watch San Francisco Court Watch Vanguard Court Watch Tags: Bank Robbery Court Watch Electronic Monitoring Preliminary Hearing Pretrial Release San Francisco Superior Court