Former court clerk Pamela Edwards, who is accused of knowingly releasing a sealed document to the media, will not face a criminal trial despite “strenuous objection” from the San Joaquin County District Attorney’s Office.
The ex-San Joaquin County Superior Court records clerk was granted diversion at a hearing Friday morning. Diversion is a pretrial program that allows for defendants charged with misdemeanors to eventually have their cases dismissed if they abide by certain parameters — even over objection from the prosecution.
Edwards, who faced a single charge of disobeying a court order, pleaded not guilty in March and was headed for a jury trial following a readiness hearing last month.
The charge stems from Edwards’ alleged illegal release of a search warrant from the high-profile fraud case against AngelAnn Flores, a Stockton Unified School District trustee, to local news reporters. The prosecution says the document was sealed, which the defense disputes. It’s a case that’s seen several twists and turns, including infighting between the court and sheriff’s office officials, surprise legal filings and the investigation of journalists, alarming free-speech advocates.
Also, the case was to be tried in a court that the defendant had work at for nearly 30 years. Dozens of SJ County judges and court commissioners have recused themselves from Edwards’ case, according to online court records. Roy Hashimoto, who presided over Edwards’ most recent hearing, was a visiting judge from Alameda County.
Friday’s hearing had been scheduled for jury trial assignment. However, Edwards’ defense team instead requested to take advantage of a diversion offer they say was previously offered rather than go to trial.
Edwards had been represented by David Wellenbrock during pre-trial proceedings. Stockton-based attorney Randy E. Thomas was then hired to take over as lead when the case seemed to be headed for trial.
The defense’s diversion request Friday sparked heated arguments from both sides of the case.
Deputy District Attorney Kaylee De Ruyter objected to diversion for Edwards because “the facts of the case are concerning.” She also disputed that diversion was even currently an option for Edwards, saying that there had never been any meaningful discussion on the topic.
“There hasn’t been an offer to take advantage of,” De Ruyter said. “It is a blatant misrepresentation to this court suggesting an offer has been made.”
However, Edwards’ defense team said that the offer of diversion had been previously made by Judge Erin Guy Castillo, who presided over a majority of the case’s pretrial hearings, during a closed-chamber discussion at a hearing in May. The only thing that hadn’t been discussed were the terms, the defense said.
“We don’t care what the terms are, we’ll take ‘em,” Thomas said.
He also noted that his client had filled out the paperwork for diversion a week before the hearing and that myriad attempts to reach out to the prosecution went unanswered.
“I’ve never in my career seen such a lack of response from the DA’s Office,” Thomas said. He has been practicing law in northern California for 40 years, according to his firm’s website.
Hashimoto ultimately granted Edwards’ request for diversion after meeting in chambers with the prosecution and defense, noting for the record that it was a decision made “over strenuous objection by the people.”
Edwards, who did not admit any guilt, was given one-year probation and 10 hours of community service to be fulfilled at the Lodi Boys and Girls Club. If she completes the terms of her diversion and demonstrates “good conduct” while on probation, her case will be dismissed at another hearing next June.
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