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Judge grants transfer to superior court after 131 days in custody; defense objects
Summary
A defendant held about 131 days without bond will be transferred to superior court over the defense's objection; defense argued due‑process concerns and requested a hearing.
Judge Tammy Long Hayward ordered that a defendant who had been in custody about 131 days be transferred to superior court and said she would sign the transfer despite defense objection.
Defense attorney MJ Tortorello told the court her client had been incarcerated 131 days and asked for an opportunity to be heard; she argued that moving the matter now, on the eve of trial, raised due‑process concerns. The judge said she understood the defense’s concern about the length of pretrial custody but signed the transfer, stating she did not want the case to be bounced back and forth between jurisdictions and that the court had given direction to the district attorney’s office to receive the paperwork electronically.
Prosecutors told the court the case had been bound over from magistrate court; Assistant District Attorney (ADA) Williams and Deputy Chief Jamal Williams participated in parts of the exchange. The court acknowledged the procedural complexity: two codefendants were already in superior court and the state said it intended to proceed against all three together.
The transcript records the court asking for clarification on why the defendant was held without bond; the defense later noted a prior sentence and that a 17 10 1 bond denial based on probation or parole status existed in the file. The court accepted the explanation that prior probation/parole matters affected bond and noted that the primary concern was the amount of time the defendant had already spent in custody.
After hearing arguments, Judge Hayward signed the transfer order “over the defense’s objection” and asked ADA Williams to confirm when the superior court paperwork would be transmitted; ADA Williams said she would send the documents electronically that day.
The defendant in this exchange was identified in the transcript as being incarcerated since March and associated with a multi‑defendant investigation involving alleged cargo theft; the court instructed the parties to avoid returning the matter to state‑court jurisdiction unless necessary.
Speakers included Judge Tammy Long Hayward; defense counsel MJ Tortorello; ADA Williams (who requested time to coordinate with the district attorney's office); Deputy Chief Jamal Williams (who was on Zoom); and counsel for the defendant.
