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Sheriff: Deputies 'Forgot To Unlock Court Doors'

Media, Public Kept From Slaying Suspect's Arraignment

POSTED: 3:34 pm PDT June 18, 2008
UPDATED: 8:28 pm PDT June 18, 2008

The public and media were kept out of a courthouse Wednesday during the arraignment for a parolee accused of killing a Yolo County sheriff's deputy.

A court administrator said there was a misunderstanding on the part of deputies for the Yolo County Sheriff's Department, and Sheriff Ed Prieto said deputies forgot to unlock the doors.

Arbuckle resident Marco Antonio Topete, 35, was arraigned behind closed doors. He's accused of shooting to death Deputy Tony Diaz on Sunday in the small town of Dunnigan and was charged Wednesday with one felony count of murder with special circumstances since the victim was an officer.

Court records show no plea was entered by Topete, he was appointed a public defender and a future court date was set for June 27.

A gag order was also requested.

For more than an hour Wednesday, Yolo County sheriff's deputies, Woodland police and California Highway Patrol officers were seen filing into an annex across the street from the main Yolo County Courthouse.

But each time a member of the public or the media tried to gain access, they found the door locked.

About 10 minutes after the arraignment was scheduled to begin, officers and prosecutors started coming out of the annex.

Nobody who exited the courthouse said why the hearing was closed-door.

"Everything needs to be referred to the district attorney at this time," Michelle Wallace of the Yolo County Sheriff's Department said.

Judge Janene Beronio had not intended for the hearing to be closed, a court administrator said, and that the deputies who were guarding the courthouse must have misunderstood.

"Somewhere along the line here, because the rooms are full, forgot to unlock the doors. This was not done purposely to keep you guys out. We were instructed, to my understanding, we were instructed that the judge did not want cameras in the courtroom. She didn't say, 'I don't want the press,' she just said, 'We don't want cameras in there, the press and their cameras.' So in doing that, when we walked in there and the courtroom was full, and I was standing up on the side, I said, well, can we let some of the people in, other additional people, and they said again, it's my understanding that the judge doesn't like people standing in the courtroom. She wanted them to be seated. I was standing, only by the mere fact I gave my chair up for an individual who had come in being pushed by wheelchair, me and another officer," Prieto said.

There have been similar incidents recently at the Yolo County Superior Court. During the verdict of Brendt Volarvich, the man convicted of killing a CHP officer, officials allowed court officers and police officers into the court before the members of the media were allowed inside.

And with Dr. Mark Anderson, the dentist accused of groping several patients, the court changed the date and time of some of his appearances.

Court proceedings are generally open to the media and the public.

Prieto said late Wednesday that he spoke to the judge and the court administrator and that they have changed policies and that it wouldn't happen again.

The sheriff said he talked to the person who left the doors locked and because it was an honest mistake, no disciplinary action would be taken.


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