By Samuel Van Blaricom
SANTA BARBARA, CA – Judge Clifford Anderson this past week decided to delay a decision to Dec. 9 on whether to release Michael Glover, charged in a felony carjacking case, to a residential program where he will be supervised and given resources to deal with medical conditions.
When asked to impose a bail that was set per schedule instead of no bail, the judge refused, citing a Humphrey’s hearing as not allowing him to select an intermediary bail amount between no bail and a $0 bail.
Glover is currently being charged with one count of felony second-degree robbery, one count of felony carjacking, a number of misdemeanor drug possession charges, and driving with a suspended license. He is also facing a second strike allegation and serious or violent felony enhancements.
At the onset of the readiness and settlement conference, Deputy Public Defender Brian Mathis made his case for why Glover should be released to the Good Samaritan Recovery Point in Santa Maria as soon as a bed becomes available.
“Mr. Glover has gotten into STP, he has gotten on injectables, he has gotten accepted into Recovery Point. I do think that constitutes what’s needed for the court to make this change,” argued PD Mathis.
According to the Santa Barbara County Sheriff’s Department website, STP, or Sheriff’s Treatment Program, is designed to “not only enhance the safety and order of the jail, but to also improve long-term public safety by preparing inmates for success upon release.”
When asked to explain the previous judge’s decision on release, Deputy District Attorney Elizabeth Branch pointed out that nothing was set in stone about guaranteeing a release.
“Judge Deroian suggested that Mr. Glover get into STP and see how he did with that before she was going to consider release, and that was about it. It was kind of a ‘let’s see what happens.’ But I have been opposed the entire time. It has been denied on numerous occasions: on Sept. 30, release was denied, and then on Oct. 8, release was denied,” she said.
PD Mathis then expanded on his proposal, saying that by going to Recovery Point, Glover would be able to “stay linked in with behavioral wellness.” He also explained that he was hoping to get Glover into a diversion program, which would be a strong incentive for Glover to remain compliant with court orders while on supervised own recognizance while at Recovery Point.
DDA Branch retorted, saying, “I don’t believe that release will protect public safety to the degree that it needs to be.”
After accepting that the court wanted to create a new report showing Glover’s eligibility for release, PD Mathis then turned his attention to the bail amount, asking for it to be set at the schedule amount.
“If that’s what the court would like to see to entertain the request, then I suggest we come back next week. In the meantime, I’d ask that the bail be set per schedule,” he said.
However, Judge Anderson refused, due to the result of a previous Humphrey’s hearing, explaining, “That’s essentially the choice for a Humphrey’s hearing is no bail, or zero bail, and apparently it is set at no bail on this case.”
“I have yet to see those as the only two options, but we can take it up next week,” responded PD Mathis.
Glover continues to be held in custody.
According to SCOCAblog, a joint publication between Berkeley Law’s California Constitution Center and the Hastings Law Journal, “Humphrey’s” is a reference to a 2020 California Supreme Court ruling, that determined the ability to pay bail should not decide whether a defendant is released, which frequently means that bail amounts are significantly reduced or negated if the defendant is determined to not be a risk to public safety.