Deja Vu
A nearly identical for-and-against scene where Mr. Veras suitability was challenged played out in a different courtroom two weeks ago this morning.
On that occasion, Judge Keith L. Schwartz appeared to lose patience with Mr. Wigodsky. He rebuked the public defender for not following proper procedure in seeking to re-channel his clients latest case.
Nevertheless, the case moved on to the next stage.
Why Object?
In vigorously objecting to the Drug Court proposal on May 2, Deputy Dist. Atty. Eric Perrodin said: I am adamantly opposed to Drug Court because the suspect is charged with burglary, grand theft and possession of a gun. He (also) might have a drug problem.
But the damage he has done to the victims of these crimes (mainly at Sequoia Productions on Motor Avenue), in my opinion, does not warrant going to Drug Court.
At this mornings hearing, Deputy D.A. Belle Chen opposed the Drug Court option on the same grounds, that the pending charges were too serious. She listed her reasons.
Counting the Ways
Mr. Vera currently is on summary probation for a misdemeanor gun case, he has the current case pending and the (El Segundo supermarket burglary) case.
Even if Mr. Veras petition for Drug Court is granted, he would remain liable for the seven felony charges filed against him on April 18 by the District Attorney.
Both the Culver City Police Dept. and the County Sheriffs Dept. did the leg work in the seven-felony case that alleges Mr. Vera broke into Sequoia on a number of nights and took relatively small objects.
An Alternative
Legal sources say that for Mr. Vera, Drug Court could be a strategy as well as a way of addressing what his lawyer called an underlying problem.
If the 42-year-old defendant, involved in a number of previous scrapes with the law, is deemed eligible and successfully completes the stringent Drug Court program, it could ameliorate his present predicament.
How It Works
The prosecution does not go away, the public defender Mr. Wigodsky said. But when the case comes up, the court would take into consideration the fact he has tackled the (drug) problem. This program would increase his chances of drawing a more lenient sentence.
Various sources agree that if Mr. Vera is convicted, for the first time, he is a cinch to go behind bars.
Too Soon
Facing a maximum sentence of five years-plus in state prison, Mr. Wigodsky might try to negotiate it down to a year, which could be served out at the County Jail.
Too early in the case to speculate, Mr. Wigodsky said this afternoon.
Mr. Veras lawyer declined to predict an outcome in Drug Court next week. For the prosecution, Ms. Chen said I hope the court will refuse the petition.
The Other Case
Acceptance into the drug program would have the effect of delaying prosecution of the seven felonies until possibly next year.
This, however, is not the end of Mr. Veras troubles.
Burglary/gun charges stemming from a late-night incident at a Ralphs market on Sepulveda Boulevard on March 6 remain in play.
Returning to Court
The suspect is due back in court for a pre-trial hearing on those charges on Thursday morning.
Mr. Vera has been in County Jail in downtown Los Angeles since he and a neighbor/companion were arrested more than two months ago following the Ralphs burglary.
Between the two cases, Mr. Veras bail is $195,000.
While his family is wealthy, he seems to be wading through his latest drug and legal difficulties as pretty much a solo act.
Daily Testing
If the Drug Court accedes to Mr. Veras wishes and determines him to be eligible, he would be placed in yet another drug rehabilitation program. Described as the most intensive of the county drug rehab strategies, this one is a year long with daily testing.
If Mr. Vera qualifies, he probably would not have to change his location since a portion of the County Jail is reserved for Drug Court participation.