A lawyer for Sonoma County Supervisor Efren Carrillo is expected to seek a private meeting Friday with prosecutors and a judge to try to settle criminal charges stemming from Carrillo's early morning arrest last summer outside a San Rosa woman's home.
Attorney Chris Andrian has been in talks with prosecutors from the state Attorney General's Office in which both sides discussed whether the misdemeanor "peeking" charge Carrillo is facing is appropriate.
Carrillo was arrested in July in his socks and underwear after a woman called police to report someone outside her bedroom window and front door. Officers said at the time they believed Carrillo was attempting a sexual assault, although no such charges were ever filed.
Presumably, prosecutors have been urging Carrillo to admit the misdemeanor and face punishment that could be up to six months in jail. Carrillo's lawyer has countered that the charge may not be provable at trial, now set for March 7. Such maneuvering by both sides is typical as part of the process of negotiating a reduced punishment and avoiding a trial.
The legal posturing may resume Friday inside the chambers of Judge Andria Richey, who could be asked to give an opinion about the allegation or indicate what sentence she would hand down.
Andrian said there was a "50-50 chance" of a resolution.
"We're hearing each other out," Andrian said. "Basically, we're looking to see if there's common ground."
Prosecutor Cody Hunt confirmed he talked to Andrian but wouldn't discuss details. He said nothing was settled.
"At this point, I haven't agreed to anything," Hunt said Thursday. "They haven't approached me with any type of offer."
Carrillo, 32, once seen as a rising star in Democratic politics, has declined repeated requests to be interviewed about his case.
The second-term supervisor was arrested July 13 after a woman living near Stony Point Road and West Third Street called 911 at 3:40 a.m. to report someone outside her window. She told dispatchers she was awakened by the sound of moving window blinds.
She called a second time minutes later to report someone knocked on her door, identified himself as her neighbor and ran off. A partially clad Carrillo was arrested nearby after he could not provide officers with an explanation of what he was doing, police said.
A bedroom window screen was torn, officers said.
He posted bail within hours of being booked on suspicion of felony burglary and prowling, and vanished from the public eye for five weeks. He reportedly was in an alcohol-treatment facility.
Carrillo returned to the Board of Supervisors in August to explain a longtime problem with binge drinking.
The state Attorney General's office took over the case to avoid a potential conflict with Sonoma County District Attorney Jill Ravitch, who has ties to board of supervisors.
In November, after three delays, prosecutors charged Carrillo with misdemeanor peeking, a type of disorderly conduct under the state's Peeping Tom statute. Counseling may be required as a condition of probation, the law says. A felony conviction would have resulted in removal from office.
Carrillo has since pleaded not guilty.
Political opponents have called on Carrillo to resign. He has said he has no intention to do so.
Andrian met recently with Hunt and Joyce Blair, a supervising deputy attorney general with the criminal division. They presented the prosecution's theory, which he would not disclose, and he discussed his view, Andrian said.
He wouldn't reveal strategy or specific negotiations but said the relative lack of case law on the allegation leaves it open to interpretation.
"I'll just say I have serious concerns about the viability of that charge," Andrian said.
(You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.)
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