More Than Just One Question for Defendant in SF Hearing

By Elena Rawlinson

SAN FRANCISCO, CA –– San Francisco Superior Court Judge Gail Dekreon oversaw a hearing for Dominic Martinez Gianfermo here late last week, and it wasn’t just one thing.

Gianfermo is charged with trespassing and battery and also appeared before the court to submit a progress report regarding his involvement in substance abuse diversion programs, which he reportedly had violated.

The first item on Dekreon’s docket was the defendant’s motion to suppress in the trespassing/battery case. SF Public Defender Gabriella Rodenzo argued that there was no proof that the District Attorney attempted to secure police appearances.

One officer allegedly had childcare issues, to which PD Rodenzo said “I would note that when our clients have childcare issues they come to court… when my own dad had issues in this very courtroom I sat in the front pew and was told not to move and not to talk to anyone.”

And the other officer had a doctor’s appointment scheduled for the morning of the hearing, but Rodenzo questioned why the hearing couldn’t take place at 1:30 p.m.

Rodenzo furthered that there were 10 different officers who responded to the victims call and all of them could have potentially testified against the motion to suppress if the DA had put in more effort to secure a witness.

Deputy District Attorney Verduras explained the childcare issues cropped up last minute and there was no way to work around Parker’s doctor’s appointment.

DDA Verduras requested that the hearing for the motion to suppress be continued.

The judge agreed with Rodenzo that, “Childcare, there’s things that can be done.” But Dekreon granted the DA’s request for continuance, the hearing is set for Aug. 20.

The second issue that brought Gianfermo to court was a progress report with respect to his diversion efforts.

Judge Dekreon noted that he was released from custody to ACM, who sent him to Health right 360 rehabilitation. He was asked to leave health right 360 for belligerent behavior.

Dekreon remarked that his deal was to be in custody or be inpatient rehabilitation, “This was a condition for release of custody.”

PD Rodenzo defended Gianfermo, explaining that he had been constantly checking in which he had electronic monitoring, and he reconnected with the Navigation center who was providing him with support and a case manager.

Rodenzo concluded, “he did that on his own”– referring to Gianfermo’s agency in securing programming that fit his needs.

Dekreon argued, “He was in health right 360, they were going to see to his needs and he was asked to leave…he’s supposed to be in residential treatment or he’s supposed to be in custody, that was the deal.”

Rodenzo replied that Health right 360 didn’t connect him with services he needed, but Judge Dekreon countered that he was only there for 15 days.

Rodenzo requested that Dekreon change his release conditions from required inpatient rehabilitation to outpatient work with the Navigation center.

The DDA requested that the court stick to what was recommended: inpatient treatment at HealthRight 360.

Judge Dekreon ruled that Gianfermo must be present on Aug. 20, and until then, he is required to attend an AA meeting every day and he has a curfew from 10 p.m. to 6 a.m.

About The Author

Elena Rawlinson is a 12th grader at the Nueva School in San Mateo who is interested in pursuing a career in law. She hopes to improve her communication skills and gain insight into the mechanics of the criminal justice system.

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