Crisostomo’s request to delay hearing is denied

The Superior Court has denied a defendant’s request to postpone the hearing on the revocation of his bail as his lawyer at the Office of the Public Defender will be unable to attend.

In an order on Thursday, Associate Judge Teresa K. Kim-Tenorio said she finds it reasonable that if the attorney from the OPD who is assigned to the case against Calistro Crisostomo is unable to attend the hearing, another attorney from the office may do so.

Furthermore, in filing the motion to continue hearing, an exact reason is not provided as to why the current counsel assigned to the matter will be unable to attend, Kim-Tenorio said, only that “unfortunately, defense counsel will be unavailable to appear.”

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

Kim-Tenorio said counsel should know by now that absent special/extenuating circumstances, she hears criminal matters on Tuesday afternoons.

However, she said, in proving alternate days when counsel will be available (May 27 to 29 and June 2 to 4), only one of the six days suggested is a Tuesday. Kim-Tenorio said this essentially leaves her at the whim of defense counsel and without room to maneuver.

“And seeing as no such special/extenuating circumstances have been asserted by defendant’s counsel in requesting this continuance, the court is disinclined to do so,” the judge said.

On Sept. 18, 2019, Crisostomo was released on bail to third-party custodians, with terms and conditions of release to include no consumption or possession of alcohol and to obey all Commonwealth laws.

The Office of the Attorney General, however, alleges that on May 4, 2020, Crisostomo committed the offenses of assault and battery, and disturbing the peace, as well as consumed alcohol.

Crisostomo, through the PDO, asked the court to postpone his revocation of bail hearing that was set last Tuesday because the defense counsel most familiar with the matter will be unable to appear.

In the government’s opposition, assistant attorney general Heather P. Barcinas said the allegations made against Crisostomo as justification to revoke his pre-trial release involve a complaint of violent nature. Barcinas said not only is Crisostomo facing revocation of his probation in two previous criminal cases, but is also facing a maximum penalty of 11 years on felony and misdemeanor charges, and now further faces additional charges. She said Crisostomo is a danger to the community and the court should deny delaying the hearing.

The prosecutor noted that the court should be aware that Crisostomo posted the $2,000 cash bail in his new case last May 15, without a third-party custodian and without any supervision.

Barcinas said the government intends to provide testimony to disqualify the current third-party custodians as they are not suitable.