The $3 million bail set for the 18-year-old woman charged with killing two members of Tongan royalty and their driver in a high-speed collision will be reconsidered after an appellate court granted a defense appeal Friday.
The decision by the First Appellate District Court vacates an oral argument on the issue set for Sept. 13 and returns the matter to San Mateo County with an order to set reasonable bail, according to a member of defense attorney Randy Moore’s law firm.
Moore is out of town and unavailable for comment but his appeal called the $3 million bail unconstitutional.
The court did not set a specific amount or range for bail but it will be less than $3 million, said Chief Deputy District Attorney Steve Wagstaffe.
A date should be set in the coming days.
The move may offer Edith Delgado a chance at freedom while awaiting a preliminary hearing and possible trial on three counts of vehicular manslaughter with gross negligence.
She has been in custody since the July 5 crash that killed Prince Tu’ipelehake, 55, his wife, Princess Kaimana, 45, and the couple’s driver, Vinisia Hefa, 36, of East Palo Alto. If ultimately convicted of all charges, she faces up to eight years in prison.
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The victims, with Hefa driving, were driving northbound Highway 101 near Marsh Road in Menlo Park when Delgado allegedly tried passing. She was allegedly traveling with an 18-year-old passenger between 90 and 110 mph. She struck the SUV which flipped multiple times, killing the three inside.
Delgado’s bail at arrest was $300,000 but a judge increased it to $3 million at her initial arraignment July 7.
On July 13, Judge Robert Foiles refused to lower the amount, saying it was not "an unusual bail when we have a homicide or a manslaughter.”
Moore called multiple friends and family members who said she had strong ties to the community and was not a flight risk.
Prosecutor Aaron Fitzgerald argued the high bail reflects Delgado’s previous disregard of the law by speeding, weaving, racing and carrying a passenger.
Delgado is scheduled for a preliminary hearing Sept. 20 but the recent appeal could create a delay.
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Keep the discussion civilized. Absolutely NO personal attacks or insults directed toward writers, nor others who make comments.
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