In a rare move, the San Jose police union is pushing to get a judge removed from hearing criminal cases, saying he is releasing suspects who shouldn’t be out on the streets.
Because of bail reform, judges in California have been releasing more and more suspects on their own recognizance before their trial dates, but in a letter to the district attorney, the San Jose Police Officers' Association (SJPOA) said some of the suspects are violent and a danger to the community.
Last month, San Jose police arrested seven people for vandalizing a police car and injuring the officer inside. The officer was there to help a spectator who got hurt during a sideshow near Santana Row.
A judge released all seven suspects from jail until their next court date.
The police union said that same judge, Hector Ramon, also released John Galedrige to an unsecure drug treatment facility days after being arrested for allegedly shooting at a police drone and at officers.
"We try to protect the public from violent repeat offenders," SJPOA president Sgt. Steve Slack said. "A couple recent decisions, these folks were let out pending their court case. I don’t know how that works for the safety of the public."
Slack penned the letter to the district attorney, urging him to file what's called a blanket peremptory challenge against Ramon, basically banning the judge from overseeing arraignments and other criminal cases.
Local
"I feel it shows a reckless disregard for the safety of San Jose police officers as well as the public that we serve," Slack said.
Legal analyst Steven Clark said police are choosing the wrong target for their frustration.
Get a weekly recap of the latest San Francisco Bay Area housing news. >Sign up for NBC Bay Area’s Housing Deconstructed newsletter.
"Judge Ramon is not in charge of making the law, but he is in charge of following the law," Clark said.
Clark said the judge weighs the facts in every case and is required to use the least restrictive result while ensuring public safety.
"It's important for law enforcement to speak on this issue, but trying to strong arm the DA into a blanket challenge of a well-respected judge is not the way to do it," Clark said.
The district attorney's office said it is reviewing the request.
NBC Bay Area reached out to Ramon through his office but did not immediately hear back. A representative for the courts said they don’t comment on the decisions of judicial officers in the lawful exercise of their judicial discretion.
Police officers said it’s frustrating for them to put their lives on the line, only to see criminal suspects they arrest back on the streets the next day.
