I attended a hearing for my son. I argued the following issues with the Honorable Judge David A. Cena:

1)      No motions were filed by the District Attorney D. Overstreet or Public Defender Malorie Street regarding having a bail motion reduction hearing during Penal Code 1368 Proceedings as I believe would happen.  I asked court to give me the legal code that states we could not have a bail motion hearing as promised.   I was just told it was not done.  I then provided them with the following case in which the District Court said as follows: “The statute’s plain language requires the Court to hold a hearing to review conditions of release if requested by defendant and contains no exceptions related to a competency hearing.”  The judge stated" nowhere in California state law were you could have a bail motion hearing during a 1368 penal code proceeding. " I then stated you have not told me that it states “YOU CANNOT.”  Malorie Street then pulled out some book and rattled of stuff from it.  She never stated what the book was.  She only made mention to the following codes i.e. Penal Code 1368.1, 1367.1 and some Case law that I could not tell what she said. She said one word only. One long name but did not explain.

2)      I informed the court that Judge Douglas Southard violated the following law when setting bail in my son’s case i.e. California Penal Code 1270.1.  I then reiterated that there was no bail setting hearing within 24 hours of my son’s being placed in custody.  He avoided that.  Judge Cena then went to the record and stated that bail was originally set at $50,000.  I then stated that motions needed to be filed. He then stated that it could be done without motions that motions could be waived. I then stated that motions were not waived. He then stated that I could get a transcript. I said that that I tried that but that the court reporter said it would be 4 months before I could get the transcript He then said he would be getting in contact with Judge Southard regarding the matter.  There was lengthily conversation about this topic.  In conclusion, Judge Cena stated that he would look at my son’s file and get back to me.

3)      Judge Cena explained to me that I most likely did not understand what took place the day of my son’s bail setting hearing which was in actuality an arraignment not bail setting hearing.  I tried to explain to him that I understood.  I told him I never heard anything other than the District Attorney stand up and request that bail be raised. I also stated Judge Southard never addressed the issue of filing motions whatsoever in court on the record.  Judge Cena indicated that some stuff happens without anyone knowing that it happened.  Well that just cannot be in open court in an arraignment proceeding.  That is what I indicated.

4)      I also explained that by having $500,000 bail was ridiculous and it kept my son from being medically treated.  I made a point to inform the court that by having excessive bail my son could not be treated.  If he had been properly medically treated he would not be in jail at the moment and he would not be “labeled” incompetent to help in his own defense.  The judge took the matter seriously but then backed off because of Malorie Street is what i sensed.

5)      Ms. Street made it a point to inform the court about my son’s health care directive which I wanted to make a point of in court.  She stated that my son could cancel his health care directive.  I stated he could not.  What I was not able to tell the court is the following:  Malorie Street made is a point to pull my husband and I into a closed conference room to discuss the issue.  She stated that the matter had been reviewed and approved by County Counsel.  She stated that once County Counsel legally approved my son’s decision to revoke his health care directive the he received legal advice from the County. I thought this strange.   I myself went to county counsel to address the matter.  I also sent them an email.  I will post a copy of it. I was told via email that they did not get involved in my son’s health care directive.  That would not be something they would entertain.  Ms. Street made it a point to inform us that it was all-legal because Santa Clara County Counsel approved it.  So who is telling the truth?  Why would Santa Clara County want to be involved in such a personal matter. That is what I want to know?  Wouldn't you. 

      Ms. Street also told us she did probate law and what the county did was all legal. She then did this again in open court this day.  Stating that i have no guardianship.  I am going to be posting California laws on "health care directives." it is not necessary to have guardianship..I will be helping all of you understand Health Care Directives.  Again you do not need to have guardianship to invoke the power of a "health care directive."

6)      I made is clear that California State Law supports me. I then said in open court my son could not revoke his health care directive that I had personally talked with a doctor on the matter. He said how could someone who is locked up make his own medical decisions when he does not even believe he is sick. He said if he told a patient that he had cancer, showed him the test results and said these results are valid you have cancer.  If the person said they did not and the person was “delusional” there is no way possible that person is capable of making their own medical decisions.  I informed the court I would be putting forth California State Law.  What I got out of the court is that they really do not care. why?? They could care less about these types of folks. They are not capable of understanding the judicial process. So who should care about them…

         (http://caselaw.lp.findlaw.com/cacodes/pen/1284-1289.html)

Upon
         Good Cause Shown.... 

bail
         may be either increased or decreased..
 

Other matter of interest.  Ms Street does not like me, which is fine.  In order to make me upset, she talked loud enough to have me hear the following: “I had the judge lower your bail from $50,000 to $35,000.”  So how is it that the Judge will lower bail once set when this woman circumstances had not changed???  And it was not addressed in open court; it was done off the record.  

Another matter of record- many of the people in this court are considered incompetent to stand trial and are locked up for years in state hospitals.  One man came before the court stating he was now competent.  He tried to talk to the court.  The court i.e. Judge Cena, District Attorney, and Malorie Street met at the bench.  What concerned me is they thought it was funny and were laughing about this man.  It was not a laughing matter. This man has been locked up in a “State Hospital”.  He has no freedom.  Why did they bring him in to court?  He tried to inform them that charges he previously had had been dropped not the current charges he was being charged with that pertained to his competency.  The man did not remember who the judge was in his case i.e. the one who dropped the charges in another county.  I understood what was going on. Who cares if he did not remember the judge’s name and called him by one name and then another.  I was in court on December 23, 2008.  I had no idea what the judge’s name was.  The judge never told the court he was sitting in for Judge Cena.  He never once mentioned that his name was Judge Rodney J. Stafford.  Not once. So if this man could not remember the judge’s name who cares. What mattered were the charges. Had they been dropped was he telling the truth about that. No one seemed to care. The man should have been heard. Instead he was made fun of. It was disgusting.  The court had an obligation to inform the man he could file a habeas corpus if he disagreed.  The court had an obligation to have counsel assist him with his legal requests.  Instead this poor man is going back to a state hospital at our expense.  What up with that????  I saw this happen time and time again with Malorie Street.  How can this one person handle all of these cases?? She cannot.  That is why I have stated she is incompetent.  What I have noted is that when a person hires their own counsel much more is done in their behalf. Malorie Street who works for the County just farms them off as soon as she can. That is the truth.

In Conclusion I was in court today Courtroom 24 Superior Court of California Hall of Justice from 1:30pm until 4:30pm.  I spoke with Judge Cena three times.  I had the opportunity to rebut Malorie Street several times.  She is not out to help my son. 

The Judge made mention that Santa Clara County Jail had a fine medical staff.  I tried to explain that was not the case.  Why would the head nurse at the jail have someone cancel his or her health care directive?  My son has lost another ten pounds since his last hearing, which was on December 23, 2008.  He is getting thinner.  Why because he is not getting the care he needs.  I want to put it on the record that Kris Fairy called me personally and told me that my son was not “vomiting.”   Here is the email I received from the doctor who is supposed to be helping my son i.e. a hematologist. I was told by Kris Fairy my son was not vomiting on or about December 1, 2008.  On December 23 2008 i received this email...(The report that the medical staff at the jail is giving me is the same as from when he was at xxxxxxx Seems fine, just occasional vomiting and spitting which I agree is due to gastric motility problems.)(my son spit the whole time in court. In fact the bailiff went to him and told him to stop spitting. What I saw was his mouth fill up with fluids during the entire hearing.  It was a violation of his rights not to give him something to spit in. I went and got him something to spit in. The bailiff refused it), which I agree is due to gastric motility problems.)  I will be posting a study done on my son it is called a gastro emptying study.  The study is false and misleading.  The term that can be used when a patient is given false information about their medical condition is “medical malpractice” What happens when that same doctor who falsely informed you of a study performed on your body then causes you to die or to get worse medically it is called “medical negligence.”  What is it called if this lie that your doctor told you causes you to have further injury or knowingly exposes you to the risk of injury. Voila’ “criminal negligence.”  What then if the court is aware of this???   Are they all criminally negligent???  I say yes. You have that right. That is why I am posting this on the Internet.