By Tracey Kaplan
San Jose Mercury News
SAN JOSE — A Superior Court judge Tuesday paved the way for the release of the third Santa Clara County Jail guard accused of murder in the beating death of an inmate.
Judge Allison M. Danner approved the collateral put up by officer Matthew Farris’ family, including three pieces of property and about $52,000 in cash. Under California law, the property has to be worth twice as much as the bail amount, and the arrangement must be approved by a judge.
Danner announced in court that the properties are worth nearly $2.9 million and the equity nearly $1.5 million.
The other two guards -- Jereh Lubrin, 28, and Rafael Rodriguez, 27 -- have already been released from the Alameda County jail where all three had been held since their arrest Sept. 3 on charges they killed inmate Michael Tyree and assaulted another prisoner.
Rodriguez was released late Sept. 22 or 23, his lawyer said, while Lubrin posted bail Sept. 18.
Farris, 27, attempted last week to bail out, using three pieces of property owned by relatives as collateral. But the plan fell apart in court when his grandmother was asked if she understood that her property would be sold if Farris absconded. The property was withdrawn once it became clear that the older woman did not understand the possible consequences, said Farris’ lawyer, William Rapoport on Monday.
Most murder suspects in Santa Clara County are denied bail, though there are exceptions. Last summer, a judge set $1 million bail for David Zimmer, who was accused of the 1989 cold-case killing of his wife. Those charges later were dropped.
Lubrin, Rodriguez and Farris face possible life sentences if convicted.