A lot happened in court today during the bail review hearing for Andrew Cunningham. The hearing was an hour and half. The courtroom was packed. There were outbursts from the audience.
The father of Jane Does 1, 2 and 3 came and sat right next to Cunningham's step father, Cunningham and his lawyer. This led to Cunningham being allowed to sit at the counsel table by his lawyer, instead of standing closer to where the audience sits, which is usually the case when someone is out of custody. Cunningham's father/stepfather sat in the front row, usually reserved for attorneys or court staff.
Later on as family members of the alleged victims addressed Judge Stephen Mock, the bailiff moved Cunningham and Mr. Robinson to the jury box. Several extra bailiffs were in court as emotions were running high.
There had been confrontations last time outside court. Mr. Robinson said in the years he had practiced, he had not been called names. "I have a job to do and I am going to do it."
As details emerged in court about the alleged abuse, the relationship between the alleged victims and Cunningham, the emotion felt by family members was understandable and even acknowledged by Mr. Robinson.
Cunningham is charged with 5 felony counts of sexual abuse. Each count has special allegations.
In the arraignment complaint, four victims are listed. The time period these incidents cover is 12 years. The District Attorney mentioned there maybe additional victims at the last hearing and again, today.
Deputy District Attorney Carolyn Schaffer requested no bail. Her second request if that was denied was 4 million, 35, 000 which she requested last time.
Some new information from Deputy District Attorney Carolyn Schaffer was that there were actually 48,000 images, not 600 images of child porn found on Cunningham's computer.
Jane Doe # 4 is Cunningham's cousin.
Jane Doe's 1, 2 and 3 were friends with Cunningham's son. Ms. Schaffer said that Cunningham's M.O. was that during sleepovers, the children slept in the living room. Cunningham would wait until others were asleep and then lay down next to the alleged victim and "rub their genital area". There was penetration with Jane Doe #1, she described pain. Jane Doe #3 "woke up with defendant's hands on her hip."
Allegations that Cunningham abusing his own sons were disputed by Mr. Robinson. He said the boys denied the allegations and that Cunningham's wife worked at CWS.
Some of the Jane Does were in court today. The father of Jane Doe 1, 2 and 3 has known Cunningham for 30 years, considered him a best friend. He was asked by the bailiff to "get out" and left the courtroom after he made a response while Mr. Robinson was speaking.
I spoke with the father of Jane Doe 1, 2 and 3 after court regarding the confrontration between him and Cunningham's family members at the last hearing and certain remarks he made.
He said he has gay friends. He is not homophobic, his remarks to Cunningham and Cunningham's father/stepfather were made out of hurt and pain.
Cunningham was arrested twice and the total amount of bail for both arrests was 1.5 million. He posted bail both times and is out of custody.
Cunningham's attorney, Mr. Michael Robinson pointed out his client had no criminal record. He said Cunningham had no passport.
Mr.Robinson made some strong comments about abuse of power by the Sheriff's office which he later backtracked. He said HCSO went "judicial shopping" in ex parte hearings to get Ramey warrants on his client.
"The representations made by Ms. Schaffer will be highly contested," said Mr. Robinson. "There is lack of corroboration to the allegations."
Both attorney's comments also included information from the last hearing.
Judge Stephen Mock denied the no bail request but increased the bail to 2.5 million.
There is criteria that needs to be met regarding no bail, according to California law. "The court can deny bail if I find clear and convincing evidence there is a substansial likelihood that if the defendant is released, there will be serious harm to others," said Judge Mock. " I understand the victims' perspective. The law does not include emotional distress as great bodily injury."
The Humphrey case was mentioned at arraignment on Tuesday and today aswell as other case law. Ms. Schaffer cited Stewart.
Both 10 and 60 day time waivers were entered by Cunningham today. Trial setting is on July 11. Protective orders were modified today to correct Cunningham's date of birth and to add additional parties that will be covered under the restraining orders.