STOCKTON -- Former Stockton Mayor Anthony Silva waved to the media as he walked into court on Tuesday.
This marks Silva's second court appearance in a week -- his second chance to ask the judge to remove his ankle bracelet and ask for permission to work at the Stockton Kids Club.
"The request to modify the terms of the defendant's release is denied."
And it was the second time he was denied.
Silva was arrested last month. He's accused of embezzling money from the club while he was mayor. His attorneys maintain Silva's absence from the Kids Club is hurting the nonprofit organization.
"What they told us is that they were on a trajectory up. They were providing a lot of services to that community and now that is shuttered right now, they are struggling to provide those services," Anthony Silva's attorney, Allen Sawyer, said.
Attorneys for the Stockton Kids Club even wrote the judge a letter, asking for Silva to be able to return. They also accuse the San Joaquin County District Attorney's Office of obstructing their own investigation by not returning items taken as evidence.
Adding, "The district attorney refuses to provide our computers and our calendar of upcoming events which has crippled the club."
The DA's office didn't respond to the accusation but did question how Silva's absence is actually impacting the club, saying they have no idea what the former mayor did there.
"Has anyone from the Kids Club talked to the press and said Anthony Silva is employed in this capacity, these are the duties he is required to do, and we as a body ask that he returns to the duties that he has done? No they haven't," said Deputy District Attorney Robert Himelblau.
The prosecution says they want Silva to stay away from the club to prevent him from talking to any potential witnesses and accessing documents.
One victory for Silva's team -- they got his cell phone that was confiscated when he was arrested returned.
The judge also agreed any emails or text messages between Silva and his attorneys would stay confidential.
"The cell phone was returned, no data was kept by the people, which is great. They have also agreed that no attorney client communications or attorney work product would be looked at or copied by the people, so two out of three ain't bad," said Silva's attorney Mark Reichel.
Silva is expected to be back in court on May 8 -- that's when they will schedule future court dates.
Stockton Kids Club Letter on Scribd