By Nora Dahl and Stacie Guevara
MODESTO, CA – Defendants JANE DOE and JOHN SMITH appeared in Stanislaus County Superior Court Friday before Judge Dawna Reeves on felony charges, while being held on high bail – but Doe’s bail was ultimately reduced to $10,000 if she agreed to have no contact with her nine-year-old daughter.
(Note: Jane Doe and John Smith are not the real names of the defendants – The Vanguard does not reveal them to protect the privacy of an underage child).
Previously, Doe wanted to be released on her own recognizance, but Assistant District Attorney Sara Souza opposed the request, noting that Doe had a misdemeanor second-degree burglary conviction from 2003. Judge Reeves reduced Doe’s bond due to this limited criminal history.
DDA Souza objected to this request due to the details of this particular case. She said law enforcement officials were called to Doe and Smith’s residence after an anonymous caller said they heard a lot of arguing and fighting.
Souza said when officers arrived at the apartment, they interviewed the two defendants’ nine-year-old daughter and found the child was essentially living in unsafe living conditions.
“There was black mold in the residence. The nine-year-old had complained that he hadn’t eaten since the day before. There were cockroaches everywhere in the residence, there was no food, [and] the child was wearing dirty clothes,” Souza said.
Souza said there were also clumps of dog fur throughout the residence and no clean dishes.
Additionally, the child indicated that she witnessed an attack and walked away. Souza said that while doing so, she hit her head against the back of a metal bar.
Souza said the child also indicated that she watched one party (either Doe or Smith) punch the other in the stomach.
Doe and Smith’s daughter is now in the care of her aunt after child protective services became involved, according to police reports.
Souza added that the child indicated that she was familiar with the drug methamphetamine – she knows what it looks like and “she revealed that she knew what crystal meth was because she found it in his garden a long time ago”.
In response to this, Doe’s defense attorney stated that according to the police report, the violence was primarily committed by the co-defendant against Doe and that when the child fell and hit his head, c It was because she was trying to avoid an attack by the co-defendant against Doe.
Bateman also countered claims about the condition of their home, saying it was something that had been going on for a long time – particularly mold, which he said was an issue with their apartment landlord.
Doe and Smith, the defense attorney said, repeatedly complained to the landlord about plumbing problems, which lead to mold, added that they had tried to remove the mold from the wall several times in the whitening, but it kept coming back.
In response to the cockroaches, Bateman said this was also reported to the landlord and said it was not the defendant’s fault, adding, “The landlord has a duty to get the residence in good order.”
In response to this, DDA Souza said officers had indicated in police reports that there was mold on the ceiling and on the walls.
She said: “Specifically, they opened the fridge and the freezer, and there was mold inside the fridge and the freezer, and everything was covered in a dirty brown substance. The toilets were unusable. The shower was unusable. »
Souza said, “Whatever the mold situation for the walls and ceilings, it’s clear the house was in unlivable and unsanitary conditions for a nine-year-old,” noting “that’s not the responsibility of the landlord, but the responsibility of the parents to provide safe and clean accommodation to the best of their abilities for that child and that was clearly not the case here.
Doe sat shaking throughout the trial, her left leg bouncing, both eyes closed, as she repeatedly directed her gaze to the ceiling of the courtroom.
Her husband, Smith, would seem to be the opposite of Doe. The bridegroom and the father sat quietly; hands clasped in his lap – Smith was almost motionless.
Doe finally broke his prolonged silence, as his shaky voice made a nervous request. It almost sounded like she was about to cry, when Doe demanded to be placed under psychiatric treatment and detained.
His attorney came to Doe’s defense. He said the woman had a history of bipolar disorder and suicidal tendencies, adding: “She was on psychiatric medication up until the time of this arrest. She hasn’t been on medication since she’s been in jail.
Judge Reeves sighed: ‘So what I’m hearing is basically a dirty house case. Parents fight with weapons in front of a nine-year-old child.
Judge Reeves went on to say, “I demand no contact with the nine-year-old.”
Judge Reeves reduced Doe’s bond to $10,000, provided the mother complied with the protective order.
Doe and Smith’s next preliminary trial will be Feb. 2 at 8:30 a.m. in Stanislaus County Superior Court.
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