SAN JOSE, Calif. — Despite defense arguments that the accused had remained sober for nearly four years, secured stable housing and employment, and stayed out of legal trouble since 2023, a Santa Clara County judge ordered him Wednesday to wear a GPS tracking device as a condition of his release, rejecting claims that the requirement could interfere with his ability to work as a line cook.
The ruling came during an arraignment in which both the prosecution and defense agreed the accused had made substantial progress since the underlying incidents. The primary point of dispute was whether electronic monitoring was necessary despite the accused’s documented stability and rehabilitation.
The accused was taken into custody on a bench warrant related to three public disruption charges stemming from October 2022, February 2023 and May 2023. Although he previously struggled with substance abuse that contributed to the incidents, he was not charged with any substance-related offenses.
Deputy Public Defender Judy Cleary told the court the accused had transformed his life since the complaints were filed. She noted he was now nearly four years sober, had secured stable housing and maintained steady employment.
Based on those factors, Cleary asked that time be waived, the bench warrant be recalled and the accused be released on his own recognizance.
Deputy District Attorney Zach Goldman largely agreed with the defense that the accused’s rehabilitation and stability supported his release from custody. However, Goldman requested that the accused be placed on supervised own recognizance, ordered to stay away from the locations connected to the disruption allegations and required to wear a GPS tracking device.
The GPS monitoring requirement immediately became the central issue in the hearing, prompting the accused to confer with Cleary before the defense responded.
Cleary told the court she found the prosecution’s proposed conditions otherwise reasonable but asked Judge Robert Hawk to strike the GPS requirement.
At the judge’s request, Cleary explained the accused works as a line cook and argued that a GPS monitoring device could interfere with his ability to perform his job effectively. She said wearing the device in a commercial kitchen could create practical difficulties, including limiting mobility and creating complications in a fast-paced workplace.
Cleary also emphasized that the accused had not accumulated any new charges since May 2023 and instead had focused on maintaining his sobriety and rebuilding his life. She argued that imposing GPS monitoring risked undermining the progress he had made by creating unnecessary obstacles to maintaining employment.
Judge Hawk, however, was unpersuaded by the defense’s arguments. Declining to remove the monitoring condition, he stated, “it’s been a while, hopefully it doesn’t interfere.”
Following additional requests from both the accused and Cleary, Judge Hawk modified the order in one respect by setting a follow-up hearing for Aug. 31. The hearing will allow the accused to return to court if the GPS monitoring requirement proves to interfere with his employment or otherwise affects his livelihood.
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Categories: Breaking News Court Watch Northern California Court Watch Vanguard Court Watch Tags: Court Watch Electronic Monitoring GPS monitoring Pretrial Release rehabilitation Santa Clara County Superior Court