Convicted serial offender Joseph James DeAngelo, Jr. appeared in Sacramento Superior Court this morning in Department 60 at 8:30 AM.
The primary concern of the hearing was whether or not to play surveillance video of DeAngelo conducting activities in his jail cell at the sentencing hearing on Friday.
Prosecutor Ho argued that he has video of DeAngelo being “quick,” “agile,” and “flexible” – a stark contrast to the “blank stare” and infirm appearance that DeAngelo portrays in court. He referred to a specific instance of DeAngelo troubleshooting a lighting issue in his cell. One of Prosecutor Ho’s concerns is that in an age of COVID-19 and evolving stances on compassionate release, DeAngelo’s demeanor may someday make him eligible for release. Ho also wanted to emphasize that DeAngelo is physically and mentally capable of expressing remorse and is choosing not to do so. Prosecutor Ho claimed that he would not be seeking the display of the videos in question if DeAngelo were not putting on an act.
Defense (Ms. Michels and Mr. Cress) objected to the video being shown at sentencing. They claimed that the video clips are irrelevant, they are a “grotesque invasion of his privacy” (“which may not even be legal”), and they wondered aloud if DeAngelo was moved to one of the only two cells in Sacramento Jail which have recording features in order for prosecutors to capture specific activities. They claimed that if the video clips ARE used in sentencing, they will ask for a continuance in order to review all Sacramento Jail video related to DeAngelo’s incarceration. DeAngelo has been incarcerated for approximately 500 days, but it’s unlikely that there are 500 days worth of video to review.
The video clips in question were from June 1st, 17th, 29th (the date of the plea), and July 18th. They have no sound.
It was also mentioned that the Sacramento District Attorneys office has not been the agency requesting that DeAngelo appear in court in a wheelchair; it was the Sacramento Sheriff’s request that he be in a wheelchair for specific hearings so that they could remove him quickly if they needed to.
Other information that was discussed was the note that DeAngelo had been placed in a cell where he could be surveilled so that he would not harm himself. Also, approximately a year ago, DeAngelo was videotaped committing a sexual act while watching someone outside his cell.
The judge ultimately ruled the June and July videos irrelevant to whether the court would accept DeAngelo’s plea. Whether he could move about in his cell or stand on his bunk was also determined to be irrelevant. The judge noted that DeAngelo has never put his physical infirmity forth as an issue, nor has he ever asked for leniency. At the plea hearing, the defense confirmed that DeAngelo was competent to enter the plea. The court will not play the video at sentencing, but the clips will be placed in his file.
Victim impact statements begin tomorrow morning (August 18th). The live stream will be available once court is in session. You may view it here.
How dare this judge allow Joseph James DeAngelo to hide behind a mask during the impact statements. This is unacceptable. Make him wear a clear shield and face his victims. You owe them that. I’m shocked at the disrespect and lack of empathy this shows to the victims. Fix it!!