The clerk for Michael Acosta's VOP revocation hearing on 2/14/25 has done one of the best summaries of what happened in court that I have seen in 14 years of covering Humboldt Superior Court.
If you want the Chiv'd live observation as if you were in the courtroom or watching via Zoom; read on.
Visiting Judge Leonard LaCasse appeared via Zoom. Deputy District Attorney Ian Harris and Acosta were in court. There were two people in the audience briefly but for most of the hearing, it was just me in the audience, court staff and the bailiff watching the show Acosta put on which was yelling at times and arguing with Judge LaCasse.
Not only did Judge LaCasse not put up with Acosta's nonsense but countered with facts. Mr. Harris remained cool as a cucumber and got in a couple of zingers.
Judge LaCasse started the hearing saying, "We are here to see if probation has been violated."
Mr. Harris told Judge LaCasse that Acosta "failed to enroll in community service and that the People had no other evidence."
Judge LaCasse noted that the hearing had been "continued several times waiting on the Remittitur."
In October 8, 2024, I reported that Michael Acosta lost his appeal in his 2020 case. In my September 2024 post, I have more details about Acosta' s requests being denied by California's First Apellate District.
"I was never referred to probation," said Acosta. He rattled off some cases "Brewer, Gagnon and Winston. Probation revocation cannot be sustained on probation report alone." Acosta went on about court minutes.
"I am not unwilling to do community service," said Acosta. He claimed that when he tried to sign up Probation refused him. Acosta claimed that Probation did not have jurisdiction because "this hearing was continued by the Court."
"I am not going to buy that argument," said Judge LaCasse. "Probation does not know you filed an appeal. Probation does not lose jurisdiction. There is no automatic stay. It's clear you have not complied with the terms of probation."
Mr.Harris said that the standard for violation of probation was 12 days in jail.
"That is not true!," yelled Acosta. He went on to claim that people got re-referred to community service.
After saying it was the "Court's choice to re-referral, " Mr. Harris quipped, "Mr. Acosta does not have contact with our misdemeanor court in the past few months. He can do SWAP."
Acosta went on to argue that his VOP would not be legal, "a witness was needed to lay foundation."
Judge LaCasse, "What authority do you have?"
Acosta cited the same cases from a few minutes ago.
"The Court can take note of its judicial record " said Judge LaCasse.
"I am being railroaded," protested Acosta.
"The Probation Department submits their report," said Mr. Harris. "That is a part of the record. It is part of the Court's file. If Mr. Acosta would like to rebut...Mr. Acosta had the opportunity in the past year to subpoena a witness. The People's intention is to treat this case like any other case. People get re-referred when they come to the table; say I messed up. Mr. Acosta has not done that."
"The People want to put me in jail " said Acosta.
"Are you asking to be re-referred? Do you want to be re-referred," Judge LaCasse asked Acosta.
"Yes," said Acosta.
"How soon can you get it done," said Judge LaCasse. "Don't make a ridiculous claim.
More attempts to delay by Acosta. Judge LaCasse wasn't having it.
"I will pause and re-refer and give you until April 15 to show proof of completion of 100 hours of community service. That is two months."
Acosta responded he would accept the modification of the sentence.
"It has to be supervised," said Judge LaCasse. "I am taking under submission whether you can violate probation based on a report."
Previous posts:
https://johnchiv.blogspot.com/2024/11/acosta-lost-his-appeal-vop-hearing.html?m=
https://johnchiv.blogspot.com/2024/10/michael-acosta-loses-appeal-in-2020.html?m=1
https://johnchiv.blogspot.com/2024/09/not-content-wasting-humboldt-court-time.html?m=1
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