|
From the Appeal Democrat newspaper this weekend...
Former Sutter County Jail Commander Lewis McElfresh has yet to enter a plea to criminal charges of child molestation three months after his arrest.
McElfresh appeared on Friday as a shackled defendant in Sutter County Superior Court Friday for the fifth time. Defense attorney Jesse Santana again was granted a continuation of the arraignment. The District Attorney's Office had objected, citing concerns the move was a delay tactic.
An arraignment is a hearing wherein a defendant is informed of criminal charges by a judge, is given a copy of the charging document and enters a plea.
"Case law says if you enter a plea, you're saying you're OK with that prosecutor," Santana said. "I don't want them to even think that."
Santana argued in a motion for the disqualification of the entire Sutter County District Attorney's Office from prosecution, alleging the DA's Office is not exercising its discretionary function in an even-handed manner. He said prosecutors have refused to file criminal charges against their lead witness, Chase Hammonds, who was allegedly caught burglarizing McElfresh's home Dec. 18.
District Attorney Amanda Hopper said Friday she has not received a report about that inc dent and the investigation is ongoing. She is aware of the burglary allegation, she said.
"I have already indicated my office will not be making a filing decision on that burglary, nor will we prosecute, because there could be a possible conflict of interest," Hopper said. "(Prosecution) will be handled by another agency."
McElfresh is accused of masturbating while, allegedly, watching a minor being sexually violated by Donny Pauling, who is also charged in the incident. Hammonds confronted McElfresh about the incident, recorded the conversation and provided the recording to a Sutter County sheriff's lieutenant, according to an officer's declaration.
A hearing for the motion to disqualify the DA, as well as the arraignment date, were rescheduled for April 22 by visiting Judge Dennis J. Buckley. If the DA's office is disqualified, the state Attorney General's Office would take McElfresh's case.
All Sutter County Superior Court judges have either recused themselves or have been disqualified by request of Santana or District Attorney Amanda Hopper.
Buckley did hear some arguments Friday.
The District Attorney's Office issued a subpoena to obtain the medical records of the juvenile whom McElfresh allegedly victimized. Santana filed a motion to stop those records from being released.
Buckley ruled the records will be included as evidence, as the juvenile has signed a release of the information, but any private information about McElfresh will be redacted.
McElfresh was arrested by the Yuba City Police Department on Dec. 16 while he was at work at the Sutter County Jail.
This just gets stranger and stranger....
|