Judge denies Hulsey's request for lighter sentence

BY ERIC LINDBERG
DAILY SOUND STAFF WRITER

Despite a plea for leniency from Heather Lea Hulsey in light of her pregnancy, Superior Court Judge Frank Ochoa decided on Tuesday not to reduce her six-year prison sentence for the hit-and-run death of a Montecito doctor.
After postponing his decision for a day to gather more information on a program for pregnant prisoners offered through the California Department of Corrections, Judge Ochoa deemed that Hulsey would be eligible.

“I think she’s entitled to enter that program,” he said.
Hulsey’s public defender, Mindy Boulet, had pushed for her sentence to be reduced to probation to allow her to enter a structured pregnancy support program.
Senior Deputy District Attorney Arnis Tolks, however, said he was not impressed with Villa Majella, a local organization cited by Boulet that offers pregnancy housing and support services.
“Ms. Hulsey needs a lot more structure, a lot more restriction,” Tolks said.
He said the prison program offers that level of structure while still offering visitation rights, parenting classes and an appropriate level of care and support.
Hulsey pleaded no contest last year to two felony charges of vehicular manslaughter while driving under the influence and fleeing the scene of an accident knowing a person had been injured.
According to testimony during a preliminary hearing, Hulsey had been drinking alcohol at the Montecito Country Club before she left in her SUV and hit Dr. Ronald Shlensky, 71, as he walked his dog along the street where he lived in July 2006.
Boulet had explained on Monday that Hulsey was impregnated after becoming sexually involved with a fellow participant in a recovery program at Casa Serena, a local residential treatment facility where she had been staying during her court proceedings.
She said the 21-year-old did not notify the court of her pregnancy prior to her February sentencing hearing due to her belief that she had miscarried due to stress.
At the continued hearing on Tuesday, Boulet reiterated a focus on the life of Hulsey’s unborn child.
“I absolutely want to keep the focus on her dependent,” Boulet said.
As far as the prison program, known as the Community Prisoner Mother Program, Boulet said it does not offer birthing or parenting course prior to birth and is virtually the same as a local program.
With a local program, however, she said benefits would include more family support, local supervision and visitation opportunities for the child’s father.
“The father certainly needs to be included in the raising of this child,” she said.
Boulet also raised issues about Hulsey’s eligibility for the prison program, which appeared to disqualify anyone convicted of a crime involving the death of another.
However, Judge Ochoa took a brief recess to speak with the director of the program by telephone and determined Hulsey would be eligible.
Vehicular manslaughter is not an automatic exclusion, he said, and there are currently women in the program who have been convicted of that crime.
He also dismissed arguments by Boulet that the application process would be too lengthy, noting the director said pregnant women are expedited through the intake process.
“It’s to their advantage to process through and get the expectant mother into the program before the birth,” Judge Ochoa said.
In light of concerns expressed by Boulet that Hulsey might be denied admittance to the program and have her child taken away at birth, Judge Ochoa also signed a court order mandating that prison officials not take the infant without sufficient time and notice to the court and Boulet.
He seemed confident that no issues in that area would arise.
“I’m convinced after talking to the director that they make every effort to keep the mother and child together,” Judge Ochoa said.
He also said he is impressed by Hulsey’s decision to keep the child, as well as her reported sobriety while staying at a local residential treatment facility.
“I think she has shown remorse,” he said.