By Esme Lipton
ALAMEDA, CA — Defendant Richard Johnson appeared in Alameda County Superior Court, Dept. 702 Tuesday morning for a Petition to Revoke Probation hearing regarding a domestic violence charge and a restraining order violation.
But, according to Public Defender Aundrea Brown, the complaining witness has a personal relationship with the defendant—the two used to live together.
And the PD noted that, although the victim has a criminal protective order against Johnson, she has welcomed the defendant into her home on multiple occasions.
PD Brown referenced the police report, claiming: “This is the second time [the police] have been out to arrest Mr. Johnson and their belief is that he is allowed to live in the home with the complaining witness […] they drink together and the witness then calls the police.”
The attorney pleaded with the court to release the defendant since the complaining witness routinely calls 911 on Johnson while under the influence of alcohol, after she willingly allows him to violate his restraining order.
“There was no violence or threat involved, this is just what their relationship has become. I know he’s in violation of this restraining order, but I’m asking he be released on his own recognizance. There is a sentence in the police report that says the complaining witness only calls the police after they’ve been drinking together,” PD Brown argued.
The prosecutor requested the court set bail at $5,000.
“(Johnson) has a pending misdemeanor case where he was released over the District Attorney’s objection. There’s also a restraining order in that case,” stated the prosecutor.
The defendant has four failures to appear in court, a few felony convictions, and a misdemeanor conviction.
Judge Jacob Blea ultimately agreed with the prosecution and set bail at a minimal $5,000. Johnson’s next hearing is scheduled for Aug. 13 in Dept. 4.