Judge Wilson denies release for Catherine Fode before sentencing

Setting of sentencing and motion for release pending sentence was scheduled for Catherine Fode on March 4. She is the first suspect to plead guilty in the Manila 5 homicide case. Three other suspects have also resolved their cases with plea deals. Only one suspect, Cesar Valenzuela has a jury trial scheduled.

Judge Christopher Wilson denied the defense motion to release Fode before sentencing. Sentencing is scheduled for April 1.

Deputy District Attorney Carolyn Schaffer is the prosecutor for this case. Mr. Neal Sanders is Fode's attorney.

Mr. Sanders gave a handwritten letter from Fode to Judge Wilson. Attached was a Edovo transcript and a certificate of achievment.

Mr. Sanders said that he had not received any opposition to his motion for Fode's release pending sentencing.

"My client has been in custody for three years," said Mr. Sanders. "She pleaded guilty two and half years ago."

"We have been assured numerous times that the trial is around the corner," said Mr. Sanders. He referred to the remaining suspect, Cesar Valenzuela's jury trial scheduled for June.

Mr. Sanders said that Fode had an AOD assessment and it was determined she have counseling on a biweekly basis. Fode has an employment opportunity for 15 hours a week. "She has a sober environment and wants to be with her daughter." Mr. Sanders said Fode will testify for the prosecution and "she is not a danger to the community."

"The People do object," said Ms. Schaffer. She said that she had told Mr. Sanders she would be objecting to his motion for Fode's release pending sentencing and took issue with his remark to the Court suggesting otherwise. Citing other factors such as multiple defendants, Ms.Schaffer said "it is unfortunate that have been continuances." She put on record that there will be a one week continuance requested by the DA for Valenzuela's jury trial.

"The defendant entered into an agreement to testify," said Ms. Schaffer. " "The family objects to the release and is here in Court." Other family members will be here on March 9 when three suspects are scheduled to be sentenced.

Ms. Schaffer said that Mr. Sanders' remark that Fode did not harm others was refuted by her own statement. Ms. Schaffer said that Fode organized "others to do harm to Mr. Claros. The investigation showed that she was not living a law abiding life."

Judge Wilson said that the three suspects scheduled to be sentenced on March 9 agreed to a stipulated plea for a prison sentence. "That is not the case with Ms. Fode." Referring to her immunity agreement with the District Attorney's office, Judge Wilson said Fode could receive anything from "probation to the aggravated term."

Claros' mother, Camela Ann Cooper-Claros spoke in court. She broke down in tears as she addressed Judge Wilson. Her husband stood by her while she spoke. Mrs. Claros said that Fode was someone who orchestrated and manipulated people and this led to the death of her son and now she is asking to be released from custody, pending sentencing. Mrs. Claros asked Judge Wilson that Fode "needs to be in custody to testify."

"This is not a person whose word you can rely on to testify against her friends. She is a danger to the community. Keep her in jail until she testifies."

"Innocent people do not make plea deals," said Mrs.Claros. She said, "Tyson was a victim, we his families are victims," not Fode. Mrs. Claros said if her son was here today, he would tell Fode,"I forgive you."

"This is a difficult decision," said Judge Wilson. "I disagree that Ms. Fode has not been reflective and remorseful. I am frustrated this case has gone on so long. It is a multi defendant case. Her role was an instigating role. It occurred when she was 18 years old."

Judge Wilson said there was a single trial left. "It is consistent with her agreement to testify." He denied the defense motion to release Fode pending sentencing.

Mr. Sanders then pulled the time waiver for sentencing and asked for a date in 20 days "or we will go to trial."

After court, Claros' father briefly spoke with me and he wanted me to mention that there was an investigation and two CAST panels cleared his son of the claim that he allegedly molested Fode's daughter.
He said that Mr. Sanders' keeps bringing it up in court and this is painful to the family.

I have no way of verifying the result of the investigation because I dont have any information about these panels and even if I did, not all information is accessible to media. If I am able to verify anything, I will add it to the post. There is no record for Tyson Claros in the Humboldt Superior Court system.

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