By Özge Terzioğlu
SACRAMENTO – Attending class is a good thing—and not just when you’re in school.
In Sacramento County Superior Court’s Dept. 60 last week, two defendants charged with an alleged violation of their probation were both given a second chance to be reinstated on their probation, and each of their conditions differed.
Both had to finish attending “batterers” classes.
Defendant Luis Ponce was charged with violation of probation. He was on probation for a stalking charge. The facts of the violation are that on Oct. 20, 2020, the defendant was allegedly in possession of a 10-round magazine with 10 live rounds of ammunition and a box with more live ammunition, in violation of his probation conditions.
Assistant Public Defender Alicia Hartley requested a breakout room with her client. When she came back, she requested that the defendant be reinstated on probation because he did 10 more classes but was kicked out at the end of October.
She said he needs to be re-referred for the batterers’ program and he will come back to court with proof that he completed his classes.
Deputy District Attorney Jenna Saavedra noted that the VOP (violation of probation) form says that this is the defendant’s sixth violation of probation.
The judge agreed with PD Hartley and said that defendant Ponce needs to come back in December with proof that he completed all of his classes.
In another probation violation case, defendant Allison Henson with Ms. Hartley admitted to the VOP and requested that the court reinstate his probation.
APD Hartley said that when her client was re-referred, the place where the classes were held was closed due to the COVID-19 pandemic. Defendant Henson was also quarantined on multiple occasions due to possible symptoms of COVID.
She stated that there’s a place offering classes across the street from his house that he could attend, now that it’s open.
DDA Saavedra said that defendant Henson has completed only one class since 2017. PD Hartley said he’s actually done eight more classes since then. DDA Saavedra said she doesn’t have proof of that.
The judge said the document read that the petition for violation of probation said that on Feb. 3 the defendant was released from jail, but he didn’t report to the probation office within 48 hours. Then, the defendant failed to report again, and even now he still has made no attempt to contact the probation department or report to probation.
PD Hartley said her client wants to be released to complete batterers’ treatment. DDA Saavedra disagreed with that request because “he was released last time and didn’t report to probation, so I don’t want to do that, but the offer stands.”
Defendant Henson wished to defend himself by saying, “I’m stable now and I wasn’t stable then,” before he was cut off by his PD who reminded him that he was talking on the record.
PD Hartley said they will admit to the probation violation and serve 11 days in jail. The judge agreed to reinstate his probation upon his release from jail.
The judge reminded the defendant that “you need paperwork, not just hearsay, and you need to be attending one class per week.”
Defendant Henson’s next court date is May 7, 2021, at 8:30 a.m. in Dept. 60, where he must bring proof of his enrollment in the batterers’ treatment program.
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