LAKEPORT — For one of the first times in more than 10 court appearances, a Sonoma County man accused of attempted murder, intimidating a witness and 11 other charges tried to illicit a response Friday from members of the courtroom audience.
The public is not allowed to communicate with defendants in custody while in court.
Thomas Loyd Dudney, 59, of Fulton asked to have positive press and allow one of his co-defendants, Joseph Henri Deshetres, to speak with his wife.
Dudney, Deshetres, 62, of Santa Rosa and Cheryl Ann Reese, 56, of Lakeport allegedly conspired in November to intimidate a witness in the attempted murder case against Dudney.
Deshetres, Dudney and Reese are charged with intimidating a witness and participating in the criminal street gang the Misfits. Special allegations that the crimes were committed for the benefit of a criminal street gang accompany the first charge. The charges with special allegations carry a life sentence.
The prosecution finished presenting evidence Friday in the preliminary hearing against the three defendants. Judge Arthur Mann continued the hearing to allow the District Attorney”s Office to review evidence Reese”s attorney wanted to submit into evidence.
The three defendants will return to court 1:30 p.m. Friday in Department 3 for a likely decision on whether sufficient evidence was presented during the preliminary hearing to go to trial. They returned to the Lake County Jail on a no-bail hold.
Dudney and another co-defendant, Wandrey, 35, of Rohnert Park are charged with premeditated attempted murder, aggravated mayhem, torture, home invasion robbery in concert with another, first-degree burglary, assault with a firearm, assault with a blunt force object, assault likely to produce great bodily injury, serious battery, simple mayhem and participating in the criminal street gang the Misfits.
Three of the 11 charges carry life sentences. Special allegations that the crimes were committed for the benefit of a criminal street gang, that great bodily injury was inflicted and use of a firearm accompany the charges.
The charges against Deborah Ann James, 47, were dropped March 1 after Mann found there wasn”t sufficient evidence on charges of premeditated attempted murder, home invasion robbery in concert with another, first-degree burglary and participating in the criminal street gang the Misfits.
Investigator David Bertocchini of the San Joaquin County District Attorney”s Office, who investigates gang crimes, finished his testimony in the preliminary hearing Friday.
Bertocchini testified that intimidating a witness in the attempted murder case would not only benefit Dudney, but Wandrey and the gang too.
“It empowers them,” Bertocchini said. “It shows them if you intend to testify, snitch or rat, they will intimidate you, they will come after you.”
Bertocchini said he would look at all the facts to assess whether the crime solely benefits the suspect or the gang.
“You have to go back to the original crime, if they”re able to intimidate a witness and get away with a crime it benefits the gang tremendously,” Bertocchini said.
Reese”s attorney, Justin Petersen, asked Bertocchini if he had any reason to believe that she didn”t hate the Misfits because they didn”t visit her when she was sick.
I think if that was probably true then she probably wouldn”t have been having all these phone calls and passing along paperwork for Mr. Dudney,” Bertocchini said.
Contact Katy Sweeny at kdsweeny@gmail.com or call her directly at 263-5636, ext. 37.