By David M. Greenwald
San Francisco, CA – A San Francisco man was given ACM (Assertive Case Management) and released from custody by Judge Chun on Thursday at the Hall of Justice. The judge for now declined a request for electronic monitoring, though she did express concern with the nature of the crime.
The man (not identified due to Vanguard policies) was represented by Public Defender Cooper Findlay, who entered a plea of not guilty and noted that the defendant had worked for a hotel for six years before being laid off during the pandemic.
The prosecutor in the case asked for ACM and a protective order along with electronic monitoring. He noted that the man had two past charges—both misdemeanors in Virginia in 2012 and 2014.
Of concern to both the prosecutor and the judge was that the incident occurred in the middle of the night, and although police picked up the man outside of the residence, he was seen by the victim in the hallway of her home.
Further, she had recognized the individual as a person who had stolen her bag and then later attempted to sell it back to her, coming by her place of residence.
Cooper argued against the need for electronic monitoring, pointing out that he was found outside the home, not inside, and that he has no criminal record in California.
Judge Chun said she was “troubled by the incident.” There are allegations that the defendant was in the home of the victim, which would be sufficient to sustain a burglary charge.
However, because he does not have an extensive criminal record, just two misdemeanors out of state, she will not order electronic monitoring.
She did put in place a criminal protective order and ordered the man to stay at least 150 yards from both the woman and the residence.
She said the next step would be electronic monitoring, but she declined that request for now due to his lack of criminal record. She also offered him job training services along with the ACM.
He waived his 10-day speedy trial requirement, but not the 60-day limit and the judge set the next hearing for July 21.