Defense Attorney Asks Judge to Drop Charges After Victim Requests It – Judge Balks

By Kalani E. Gaines

SACRAMENTO – Private defense attorney Matt Martinez did his best in Sacramento County Superior Court late last week to convince a judge that his client shouldn’t be prosecuted, and, if she was held to answer, her bail should be exonerated.

Judge Timothy Frawley would have none of it.

After being released out of custody on bail, defendant Letrae Frazier’s attorney noted that not only should that bail be eliminated, the charges should dismissed because the victim, who is her ex-boyfriend, has changed his mind about wanting to press charges against her.

On Nov. 1, Frazier was arrested for attempting to run the victim over with her car and trashing his home. A few days before, they had gotten into an argument about Frazier using cocaine around the child.

According to the police report, when Frazier was dropping off their child, she drove her vehicle toward the victim once she saw him in the driveway. He was able to step out of the way and flee the scene in his own car. Frazier then followed him for 15 minutes and purposely rear ended him, all while having children in the car with her.

The victim made a report to the California Highway Patrol right after the incident occurred and an emergency protective order was issued.

When the victim arrived at his home, he found the door open and items missing from his home. It was confirmed by officers that the robbery was committed by Frazier when they found the missing items in her car.

When Judge Frawley asked the attorneys what would be done with the case, Deputy District Attorney Anissa Galata stated that a resolution was being negotiated and therefore, the case would need to be continued.

There seemed to be more than a continuance. Martinez indicated that they were also there for bail review. Martinez told Judge Frawley that he was hoping the $50,000 bail would be exonerated.

“The last time I heard, the DA said the victim had fear of my client; but since that time, he’s been contacting her. He dropped off their infant child to her,” Martinez stated.

Galata objected. “The last contact that we have had with the victim he was fearful that the defendant was released from custody. He was requesting a no contact order. He was supportive of case prosecution,” she stated.

After reading off the details from the police report of the incident, Galata came across an email from the victim advocate that noted he had called on Nov. 9 to drop charges.

“Your Honor, the victim also called me on Nov. 9. I sent an email to the DA alerting her to the fact that he indicated the allegations were exaggerated. He did not want a restraining order” Martinez stated. “If he was fearful of my client, I don’t think that he would have brought the infant child back to her and left (the child) in her care.”

Martinez noted again, “I know that it (bail) was reduced significantly, but that was based on the position of the victim being cooperative and fearful. I believe that’s changed quite a bit, your honor.”

Judge Frawley took a moment to look over Frazier’s record and saw that she had previous failures to appear and a felony in her background.

Galata added, “I would note that there is a prior 245 felony from 2010.”

With that being said, Judge Frawley made his decision to not exonerate the bond.

Frazier’s next court date is set for Dec. 10.

Kalani Gaines is from Stockton, CA and she is currently majoring in Sociology at CSU Sacramento as a third-year student.


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About The Author

The Vanguard Court Watch operates in Yolo, Sacramento and Sacramento Counties with a mission to monitor and report on court cases. Anyone interested in interning at the Courthouse or volunteering to monitor cases should contact the Vanguard at info(at)davisvanguard(dot)org - please email info(at)davisvanguard(dot)org if you find inaccuracies in this report.

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