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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
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\n\t\tSan Francisco Hall of Justice \u2013 Photo by David M. Greenwald\t\t<\/p>\n
SAN FRANCISCO \u2014 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\u2019s representation that the supervising program had approved the request.<\/p>\n
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.<\/p>\n
Deputy Public Defender Jasmine Ortega explained that the accused\u2019s birthday is Aug. 5 and requested that his home detention be lifted for a couple of hours to allow him to celebrate.<\/p>\n
Deputy District Attorney Diana Garcia objected to the request, stating that the accused has a \u201cwarrant for DUI\u201d and had tested positive for \u201cTHC and alcohol.\u201d Garcia added, \u201cI don\u2019t think it\u2019s a good idea to let him out on his birthday.\u201d<\/p>\n
Judge Jacobs agreed with Garcia\u2019s objection.<\/p>\n
Ortega then told the court that the accused\u2019s \u201cprogram approved it,\u201d but acknowledged she \u201cdidn\u2019t have it in writing.\u201d Judge Jacobs then asked the accused, \u201cWhat was approved?\u201d The accused responded, \u201cA family gathering.\u201d 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.<\/p>\n
Judge Jacobs said he would \u201cnot approve it at this time\u201d and would leave the decision to the judge who is \u201cusually there.\u201d The hearing on the request is scheduled for Aug. 4.<\/p>\n
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