San Bernardino County Superior Court Judge Cara D. Hutson, excoriated for not keeping William McKay behind bars, made a plausible but perhaps impractical decision, experts say.
It’s every judge’s nightmare: San Bernardino County Superior Court Judge Cara D. Hutson reduced bail for a career criminal awaiting sentencing on a third strike, allowing him to secure his release and then go on to allegedly kill a sheriff’s deputy.Dec. 29 killing of Deputy Isaiah Cordero
But an analysis of court documents and interviews with legal experts shows there’s more to the story. Asked by Hutson for her input, San Bernardino County Deputy District Attorney Tess Ponce offered this brief opposition: “Your Honor, I think given the change of circumstances and given — just given the stakes I was going to say no bail should be appropriate. I’ll submit to the court.”
Lawrence Rosenthal, a professor at Chapman University’s Fowler School of Law, also reviewed the transcript of the bail hearing, obtained by the Southern California News Group. The house was burglarized while she was briefly gone and McKay accused her of being involved. Prosecutors alleged McKay punched her in the face, took her purse, keys, credit cards and cellphone, and dragged her to his garage. He also took the car she was driving, which turned out to be stolen.prosecution’s presentencing report.
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