Hernandez Arraignment Delayed a Month

A somber Los Angeles City Councilman Mike Hernandez, making his first public appearance since his arrest a week ago on suspicion of cocaine possession, agreed Friday to a 30-day delay in his arraignment so his lawyer can review the evidence against him.

As his client stood silently next to him, criminal defense attorney Charles English told reporters that the 44-year-old councilman remains in a rehabilitation program and is committed to overcoming his problem. English did not specify whether his client has used cocaine and did not indicate how Hernandez will plead when he returns to court Sept. 30.

“Mike knows he has a problem. He is dealing with that problem,” English told a crush of reporters moments after a judge at a downtown Los Angeles courthouse postponed Hernandez’s arraignment.

“He has been a great client,” the lawyer added. “He has said, ‘Charlie, you take care of the case. I have got to work on myself.’ And he is doing that.”

Hernandez’s staff has indicated since the arrest that the councilman hopes to go back to work once he completes his rehabilitation program. On Friday, English reiterated that his client wants to return to the council seat he has held since 1991.

“He is obviously anxious to return to work,” English said of Hernandez. “But he’s putting the same kind of diligence and pressure and intensity into this rehabilitation program that he has put into his work all along.”

Hernandez, looking a bit overwhelmed by the media onslaught, did not address reporters during the news conference.

On the way into the hearing, however, the councilman responded to a few greetings.

Asked how he was feeling, he said: “I’m feeling great.”

And in response to a question shouted in Spanish about his health, the councilman answered: “Muy bien.”

During his five-minute appearance before Municipal Judge Dale S. Fischer, Hernandez spoke only when asked if he agreed to waive his right to a timely arraignment.

“Yes, I do, Your Honor,” Hernandez said.

With that, the councilman and his attorney left the courtroom. English later said that he requested the delay because he had only Friday received the police reports and other alleged evidence compiled by authorities before and after Hernandez’s Aug. 21 arrest.

Documents filed with the court since the arrest show that the councilman was taken into custody after a two-month surveillance of his alleged drug purchases.

On 10 occasions, according to court papers, Hernandez was alleged to have purchased cocaine at two residences. Those locations, in Pacoima and Arleta, were searched the night of Hernandez’s arrest and resulted in cocaine possession charges also being filed against two men who face arraignment next month.

Immediately after his arrest, Hernandez posted $10,000 bail and entered drug rehabilitation. On Thursday, Deputy Dist. Atty. Daniel Feldstern filed papers with the court declaring that Hernandez would be eligible, under California law, for an alternative sentencing program that would enable him to avoid a felony conviction record if he pleads guilty to the drug possession charge and successfully completes a drug rehabilitation program of at least 18 months.

Whether or not that is how Hernandez’s case will be settled could be determined when he returns to court in a month to face arraignment and enter a plea.

In the meantime, English told reporters, the councilman is committed to continuing his rehabilitation and is thankful for the public support he has received.

“Mike . . . has asked me to express to you, to express to the public through the media, his thanks,” English said. “We have received literally hundreds of phone calls of support, of prayers of people. He is very thankful for that.”

After English’s remarks, Hernandez was escorted from the courtroom by a pair of sheriff’s deputies who fended off an aggressive media corps.

Once Hernandez, his lawyers and the deputies were in the elevator and away from the media, one deputy looked at Hernandez and described the reporters as “maggots.”

Hernandez smiled and shrugged but did not answer.