State prosecutors and a lawyer for Supervisor Efren Carrillo remain far apart in settlement negotiations to resolve his seven-month-old misdemeanor peeking case.
Judge Arnold Rosenfield met privately with both sides Wednesday and said they appeared to be nowhere near agreement on the appropriate resolution for the case.
"Each side has stated their position," Rosenfield said upon returning to the bench. "They are not compatible at this point."
Rosenfield said he suggested a disposition with "restorative aspects" to it and ordered both sides to consider it before returning to court March 19.
An attorney for the victim said she was unsure if the woman would approve of a settlement involving restorative justice, a jail alternative that requires a defendant to apologize directly to the victim, repair damage and make public presentations about a crime.
"I'm not sure she'd want to be in a room with him," said Rosanne Darling, who represents the victim. "She wants him to take responsibility for what he did."
Carrillo did not attend the hearing.
Joyce Blair, a supervising prosecutor for state Attorney General Kamala Harris, declined to comment as she left the courtroom with Carrillo's lawyer, Chris Andrian. They disappeared into the Sonoma County District Attorney's Office along with Darling.
Both sides have agreed not to talk about the negotiations, Andrian said when he emerged a short time later.
Darling said only that she had faith in state prosecutors and believed their position is "appropriate and warranted by the facts."
Carrillo, 32, was arrested July 13, after a woman living near West Third Street and Stony Point Road called 911 to report someone outside her window at about 3:40 a.m. She called a second time to say the person knocked on her front door, identified himself as a neighbor and ran away.
Police arrived to find Carrillo nearby, clad in just socks and underwear. He was arrested on charges of prowling and felony burglary. Officers at the time said they believed he intended to commit a sexual assault.
Carrillo bailed out of jail and remained in seclusion for the next five weeks, checking into an alcohol treatment center. Upon his return to the Board of Supervisors in August he admitted a problem with drinking.
Prosecutors in November charged him with peeking, a misdemeanor that can involve looking into someone's home or window. A felony conviction would have led to removal from office.
His lawyer has been in talks to settle the case before a scheduled April 18 trial.
Meanwhile, interim police Chief Hank Schreeder has refused to release the 911 tapes, citing the ongoing prosecution.
Blair declined to answer when asked if prosecutors would release the 911 tapes and police report.
In court Thursday, Rosenfield expressed reluctance to meet privately to discuss a settlement. The judge said he was concerned about the perception of closed-door talks in light of a Press Democrat editorial calling for transparency.
Also, he said he didn't want to jeopardize Carrillo's fair trial rights.
But Rosenfield agreed to talk with both sides in a hallway after Andrian argued private discussions with judges were customary in reaching agreements.
"I don't think we should be treated differently," Andrian said in open court.