Bret Swortzel, the other co-defendant in the Garberville home invasion case involving his co-defendant's mother Deborah Morton may be out of custody soon.
Deborah Morton and her life partner Douglas Eversole have been in Eureka for three days since they testified at Seth Morton's preliminary hearing. They also attended court hearings for Swortzel and Logan Bremer.
Bremer was arrested recently on other charges.
All three men were cited as suspects in the alleged home invasion. Swortzel was held to answer on all charges after his preliminary hearing. DDA Stacey Eads prosecuted both Bremer and Seth Morton.
Michael Acosta is representing Swortzel.
On July 10, during the trial assignment calendar, Mr. Acosta tried to have Swortzel released by Visiting Judge Bob McNatt by asking for bail reduction. He argued that Swortzel had already served "time in excess " on his probation case and that Swortzel would admit to the violation but the People's offer required Swortzel to admit to the new charges on the felony.
Swortzel also has a jury trial scheduled next week which will be impacted by the lack of courtroom availability. He has also a hearing on his probation violation. The matter was referred back to Courtroom 4 to Judge Cissna later that afternoon.
Deborah Morton's attorney Ed Denson handed Judge Cissna a letter from the victim. Mr. Acosta reiterated his argument from the morning. Judge Cissna asked him if he had any legal authority to cite. Mr. Acosta responded, "I don't."
DDA Stacey Eads cited Penal Code 3455, subsections (a) and (e) and her argument on why it applied to Swortzel bail and release argument by Mr. Acosta.
Judge Cissna left bail as set and denied Mr. Acosta's request.