Was Fresno unprepared for its first no-camping prosecution of a homeless man?
The Fresno City Attorney’s Office last week lost its first case against a homeless man set for prosecution under a tightened no-camping ordinance that has netted hundreds of arrests since last year.
In a case that spanned six months from arrest to the charge being dismissed, the loss raised a question: Was the Fresno City Attorney’s Office uncoordinated and unprepared for a spotlighted case against someone who decided to challenge the no-camping ordinance in court?
Fresno County Judge Brian Alvarez on Thursday dismissed the city’s case against Two Hands on the grounds that the prosecutors violated his speedy trial rights.
City Attorney Andrew Janz said Monday that he disagrees with the idea that his office was unprepared, despite the length of time involved. He said Alvarez got it wrong, arguing it was the defense that violated its own speedy trial rights. Janz also noted the experience level of the deputy city attorney from his office who handled the case.
Last week, that deputy attorney subpoenaed Fresno Bee and Fresnoland journalists — without authorization, Janz said — who previously covered the city’s case against homeless man Wickey Two Hands.
“I don’t think our office did anything incorrect,” Janz told The Bee about the prosecution of Two Hands. “But we learned a lot from this case, and we’re going to move forward and make sure that it doesn’t happen again.”
There are approximately 250 open cases under the city’s no-camping ordinance, he said. Two Hands’ attorney, Kevin Little, is representing the defendant in two of those cases.
Little previously said his clients intend to contest their no-camping misdemeanor charges in a trial, so Janz’s office will likely get a chance to prosecute a different no-camping case, if it doesn’t attempt to bring Two Hands back to court.
“We are looking at our appellate options in terms of moving forward,” Janz said.
Little could not immediately be reached for comment Tuesday, but said last week that “we’re not backing down.”
“If you are going to choose to, unfortunately, prosecute these cases, then you better come ready,” Little said.
Speedy trial rights disagreement
Police arrested Two Hands, 77, in October for allegedly violating the city’s “no-sit-sleep-or-lie” ordinance. The ordinance, approved by the Fresno City Council last August, allows jail time and fines for homeless people who decline the city’s offer of housing or rehabilitation programs.
First arraigned in court Jan. 21, Two Hands pleaded “not guilty” to the misdemeanor charge and opted for a jury trial. Since Two Hands was not in police custody at the time of his arraignment, California law required his trial to be heard within 45 days — meaning the timeout date for the trial was March 6 — unless he waived his right to timeliness.
His trial was first set for Feb. 20, but visiting judge Carlos Cabrera continued it to Thursday, April 10.
Janz said it was the defense, not the prosecution, that requested a trial date past the timeout date.
“The defense asked for more time to review the discovery that they had requested,” Janz told The Bee. “The court granted that request. So, from our perspective, that was an implied waiver of the speedy trial right.”
Little told The Bee in a text Wednesday morning that “Mr. Janz is simply incorrect.” He pointed out that the case’s court docket shows the prosecution made a motion Feb. 20 for a continuance under a section of the California Penal Code that says a general waiver of the 45-day trial requirement can keep the case from being thrown out if it goes past the timeout date.
Last Thursday in court, Little said Two Hands “never entered into a time waiver, neither specific nor general.”
Judge Alvarez, who threw the case out, agreed. He said in court that he understood the postponement of the trial was done against Two Hands’ objections.
“This matter was set well over a month from the timeout date, and it’s very difficult for this court to discern how that occurred without necessarily violating the statute with regard to the timeout period of this particular matter,” Alvarez said. “Mr. Two Hands ... always asserted his timely and speedy right to trial statutorily.”
Assigned to prosecute Two Hands was Daniel Cisneros, who was admitted to the State Bar of California in late 2021 and has “been with our office for at least a year,” Janz said.
Janz said his prosecutors are allowed “great discretion” to handle their own prosecutions, and that he gets regular updates on high-profile cases. He did not say whether he would be more involved in no-camping prosecutions in the future, but reiterated that his office will be prepared for the next case.
“We are absolutely prepared,” Janz said. “We have the resources necessary to prosecute these cases again.”
While Janz said the journalists were issued subpoenas without his knowledge, he added that he is prepared to issue them again if necessary.
“We’re hoping that we get voluntary compliance,” Janz said, referring to future requests that reporters testify in court. “Otherwise, we would have to issue subpoenas.”
This story was originally published April 16, 2025 at 5:30 AM.
