Judge denies robbery defendant’s request to postpone revocation hearing

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SUPERIOR Court Associate Judge Teresa Kim-Tenorio has denied the request of robbery suspect Calistro A. Crisostomo to postpone a revocation hearing scheduled for May 23, 2020 at 1:30 pm.

Judge Kim-Tenorio noted in her order Thursday that Crisostomo’s defense counsel asked for a continuance because he will be unavailable to appear on the date, saying “it is most important” that the defense counsel most familiar with the issue at hand attend the scheduled hearing.

However, knowing that Crisostomo is represented by the Public Defender’s Office, the judge said if the attorney currently assigned to the hearing is unable to attend, another attorney from the PDO may do so.

The judge said an exact reason is not provided as to why the current counsel assigned to the scheduled matter will be unable to attend the hearing, only that “unfortunately, defense counsel will be unavailable to appear.”

Instead of providing a reason, the judge added, defense counsel asks the court to reschedule the matter on counsel’s availability.

“Counsel should know by now, that absent special/extenuating circumstances, this court hears criminal matters on Tuesday afternoons. However, in providing alternate days when counsel will be available (May 27, 2020 to May 29, 2020, and June 2, 2020 to June 4, 2020), only one out of the six days suggested is a Tuesday. This essentially leaves the court at the whim of defense counsel and without room to maneuver.”

Finding that there are no such special/extenuating circumstances asserted by defendant’s counsel in requesting the continuance, Judge Kim-Tenorio was disinclined to do so.

Assistant Public Defender Jean Nogues represented Crisostomo at the bail hearing.

Assistant Attorney General Heather Barcinas, who opposed the request for a continuance of the revocation hearing, said the new allegations against Crisostomo are justification to revoke his pretrial release because those involve a complaint of violent nature.

Crisostomo is a danger to the community, Barcinas added.

She requested the court to not delay the review of Crisostomo’s pretrial release.

Crisostomo was previously in a third-party custodian pretrial release on charges of burglary, theft, and criminal mischief.

He was accused of shattering a side window of a tour van at the Grotto Dive spot parking on Sept. 12, 2019 at 4 p.m. and burglarizing the vehicle.

Recently he was rearrested for assaulting his godfather in Koblerville.

Crisostomo posted a $2,000 cash bail imposed by Superior Court Associate Judge Kenneth L. Govendo and is currently out of custody.

In the new case, Crisostomo was charged with assault and battery, disturbing the peace, and contempt of court.

The contempt charge is for violating the conditions of his release from the robbery case.

Crisostomo was released on bail to third-party custodians in the robbery case, “with terms and conditions of release, to include no consumption or possession of alcohol and to obey all Commonwealth laws.”

November 2020 pssnewsletter

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