Paul Gallegos answers my questions on Cruz waivers

I asked Paul the following question: A post I did generated some interest in what the current policy is on Cruz waivers? When did it change because in Nov 2012, the office was opposing Cruz waivers? And who makes the decision to oppose or not to oppose? You or the Deputy DA prosecuting the case.

Despite the courthouse being closed today, Paul responded very promptly.

This is his response in its entirety:

After the murders of Dorothy Ulrich and Suzanne Seeman I directed all staff to oppose any request for release by a defendant pending sentencing in a felony case.  We did that to allow myself and my staff to review the Jason Warren case where he was released by the Court on a Cruz waiver. 

After reviewing that case and the decisions that were made I concluded that the conduct and/or decisions of staff in that case were appropriate based on the facts that could be proved in that case and the defendant’s adult criminal record and no permanent changes were made regarding opposing defendant’s release on felonies pending sentencing.  At that time, attorneys were to assess: (i)  the defendant’s risk of harm to the public if released pending sentencing; (ii) the risk of the defendant not returning to sentencing if released by the court; and (iii) the likelihood of the court actually releasing the defendant.  If the facts associated with the defendant and his/her case are not likely to result in the court agreeing to release the defendant we would not agree to the defendant’s release.  If the court is agreeable to releasing the defendant or the attorney feels that, based on the facts of the case and the defendant’s background, that the court is likely to release the defendant the prosecutor should advise that they will oppose any release absent a Cruz waiver we ask for the Cruz waiver to protect the guilty plea. That remains the policy of the office. 

I don’t know how much you know about Cruz waivers or the Cruz decision but, in essence, Cruz waivers are requested by the prosecution so the remedy for the defendant’s failure to appear for sentencing is a greater punishment than they originally plead to instead of what will happen without a Cruz waiver: the defendant gets his guilty plea back and we start all over again.