Mother of newborn twins ordered released from Solano jail

FAIRFIELD – A judge resentenced a woman convicted of nonviolent crimes on Monday after the Solano County Public Defender’s Office argued that it would be detrimental for her newborn twins for her to remain in jail.

Patricia McCleese was sentenced to two years and eight months in prison last month and remanded to custody just days after she gave birth to twins, one of whom has Down syndrome, according to court records. But Monday, in response to a plea from the public defender’s office, Judge Carlos Gutierrez resentenced McCleese for mail theft and possession of counterfeit items to time served and probation and ordered her release from jail.

“Judge Gutierrez considered all the information appropriate,” McCleese’s attorney, Deputy Public Defender Barbara Sidelnik, said. “When all of the evidence was in front of him, he made the fair and compassionate choice balancing the interests of the children and the community.”

Following Gutierrez’s ruling, the public defender’s office withdrew an application for bail that was appealed to the California 1st District Court of Appeal last week. However, the public defender’s office still plans to appeal her conviction as the testimony of an exonerating witness was excluded from her jury trial.

McCleese, 33, was arrested in Dixon on Sept. 18, 2020, after police officers noticed a man she was with, Brandon Hite, was on probation and subject to search. McCleese and Hite were staying in a hotel together and entered their room through a window, according to court filings from the public defender’s office.

The officers found “numerous checks, identification cards, keys, mail and other personal identifying information for multiple individuals,” the court filings state. Hite pleaded no contest and was sentenced to 16 months incarceration in June 2021. Defense attorneys said that he provided a statement taking full responsibility for the crimes.

McCleese’s defense attorneys sought to have Hite testify during McCleese’s trial, but Deputy District Attorney Christine De Leo told an attorney for Hite that she would question him about other open charges he faced in Solano County and that he could face additional charges for the incident in question. Because of that, Hite refused to testify based on his right against self-incrimination.

The public defender’s office alleged that prosecutors committed misconduct by dissuading Hite from testifying, and argued that the judge should have ruled that Hite could testify narrowly regarding the events in question in order to protect McCleese’s right to defend herself.

The district attorney’s office did not respond to questions from the Sun.

A jury found McCleese guilty following a trial in March and April of this year.  She gave birth to twins on July 6, days before her sentencing date. Defense attorneys moved for a new trial on July 18, but the motion was denied and Gutierrez sentenced McCleese to two years and eight months incarceration.

The county probation department submitted a report to the court detailing a long pattern of abuse during McCleese’s childhood and recommended that she be placed on probation and stated that it appeared she would be receptive to the requisite substance abuse treatment. But prosecutors requested incarceration and Gutierrez obliged.

Defense attorneys then requested that the court stay McCleese’s sentencing pending appeal, filed a notice of appeal on July 24, and moved that McCleese should be released on bail pending her appeal. Gutierrez denied the motion last week.

The public defender’s office also filed a motion for Gutierrez to reconsider the sentence. On Monday, Gutierrez heard extended arguments from Sidlenik — who argued that separating McCleese from her children at their early stage of development would be detrimental to their development — and De Leo, who opposed re-sentencing. He also reviewed a psychological report from an expert who specializes in early childhood issues.

Gutierrez appeared to be persuaded that the children would be better served by having their mother present and by statements from community members and McCleese’s family, including her 8-year-old daughter.

It’s not the first time the public defender’s office has come into conflict with Gutierrez. Last year, Solano County Public Defender Elena D’Agustino accused the judge of lying under oath after a bailiff accosted a defense attorney in his courtroom. D’Agustino sought to have him removed from all cases involving her office.