Another Fresno Judge unconstitutionally detains Fresno defendant

The Fresno bench continues to violate the constitution.

Here we go again. Judge Gabriel Brickey unconstitutionally detained Joshua Thompson at the Fresno County Jail on June 1st of this year. This even though Thompason faced one count of felony possessing illegal substances while in custody. Rather than honor the presumption of innocence and allow Thompson the chance to obtain release on money bail or non-financial conditions of release (like the ankle monitor), Judge Brickey held thompson “no bail” at the jail pending his trial. When Thompson’s public defender argued to Judge Brickey that Thompson was entitled to bail as a matter of right under the California Constitution, Judge Brickey responded “counsel you have the court’s ruling, and you have your record.” This is deeply troubling.

It is one thing to engage an attorney on the law, to reason with her, argue with her, and, based on that engagement, to issue a principled decision based on evidence. I regularly argue before several judges with whom I passionately disagree and who rule against me regularly. But I respect them because they listen to me, they hear me out, and they provide the rationale behind their decisions. I am reminded of Judges like Ryan Wells, Judge Alvarez, and Judge Fain. I greatly respect these judges. But it another thing altogether when, in response to a lawyer’s argument, the judge responds with some variation of “you have your record.” This amounts to judicial fiat, and it’s inimical to our justice system.

After Judge Brickey’s illegal order, I filed an emergency writ of Habeas Corpus with the Fresno Superior Court. In a 9 page decision, Judge Gary Orozco ruled that “[Thompson’s] offense does not qualify for a denial of bail, and his current detainment is unlawful as he is constitutionally entitled to bail.” (OROZCO, J. p. 5.) Judge Brickey’s analytical failures were explained by Orozco as follows:

Judge Brickey’s failure to discuss at all why he thought Thompson implicated public safety and why he felt detention in the Fresno County Jail was necessary to protect the public violated the constitution. I understand judges have incredibly difficult jobs. And, actually, having appeared in front of Judge Brickey on several occasions, he is good judge who is generally prepared and good on the law. But, in this case at least, the failure to follow constitutional dictates was tragic because it resulted in an unlawful loss of liberty.