Embattled Sonoma County Supervisor Efren Carrillo will go to trial rather than seek a plea bargain in his misdemeanor peeking case, in part to dispel any notion that he is receiving special treatment as an elected official, his lawyer said Tuesday.
"Whatever settlement he might make would be looked upon as a backdoor deal," attorney Chris Andrian said. "Efren would rather put it out to a jury of his peers and let them decide. That way he's clear of that."
The new stance — which follows months of failed negotiations — comes as both sides return to court Wednesday to announce whether they have reached a resolution or will go to trial. Friday is the scheduled trial date.
Carrillo, who has pleaded not guilty, declined comment Tuesday.
Special prosecutor Cody Hunt said he's ready for trial but will ask for more time because he is in an ongoing trial in Napa County. When it ends later this week he said he is ready to start Carrillo's trial.
He wouldn't discuss the status of any pre-trial negotiations.
But he defended the length of time it has taken so far. A partially clad Carrillo was arrested in July outside a Santa Rosa woman's home and charged in October.
"The case hasn't really taken that long," Hunt said. "There was a delay in the initial filing because we wanted to do a thorough investigation. Since then it has proceeded on a very normal schedule."
But others said the pace isn't reasonable considering the simplicity. Attorney Rosanne Darling, a former Sonoma County sex crimes prosecutor who represents the woman who called 911 to report someone outside her window, said her client is entitled to a swift resolution under Marsy's Law, the state's victims' rights law.
"It's coming up on a year," Darling said. "What's up with that?"
Judge Gary Medvigy, who will preside over the trial, will decide whether the latest delay is warranted and set a new trial date if needed. Hunt said he would ask to set it out about a week but could begin as soon as Friday.
"I'm confident Judge Medvigy is going to keep a short leash on this case," Darling said.
Carrillo, 33, was arrested July 13 after the woman called 911 about 3:40 a.m. to report she was awakened by someone outside her bedroom window. She called a second time saying the person knocked on her door, identified himself as a neighbor and ran away.
Police arrived to find Carrillo nearby, dressed in only his socks and underwear. He was arrested when he could not explain what he was doing.
Police said they believed he was attempting a sexual assault, pointing to a torn window screen. He was booked on suspicion of prowling and felony burglary.
Months later, after Carrillo checked in to an alcohol treatment center and said at a Board of Supervisors meeting he had a problem with drinking, he was charged with a single misdemeanor. Prosecutors from the state Attorney General's Office said there was no evidence of more serious charges that could lead to automatic removal from office.
Interim police Chief Hank Schreeder has denied repeated requests from The Press Democrat to hand over 911 tapes or police reports.
Meanwhile, Carrillo's lawyer and prosecutors have met behind closed doors to discuss a pretrial settlement. Peeking, which involves looking into someone's home, carries a maximum six-month sentence.
Andrian said Tuesday he believes prosecutors are being tougher on Carrillo to avoid a hint of favoritism. It puts his client at a disadvantage compared to others with similar charges, he said.
"They are treating it more seriously than they would treat someone else," Andrian said.
You can reach Staff Writer Paul Payne at 568-5312 or paul.payne@pressdemocrat.com.
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