Newsom-appointed judge who freed migrant before fatal stabbing said justice ‘sometimes means a dismissal’

Newsom-appointed judge who freed migrant before fatal stabbing said justice 'sometimes means a dismissal'

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Focus turns to California's controversial sanctuary policies after Venezuelan national Marcos Iriarte-Valdez, an illegal immigrant with a prior arrest record, allegedly stabbed 68-year-old Todd Stewart to death.

The California judge who released a Venezuelan national arrested for burglary — and later allowed him to remain on pretrial home detention despite his violation of its terms — had previously said that justice can sometimes mean "dismissal" in an interview with her alma mater, the University of San Francisco School of Law.
The day after Contra Costa Superior Court Judge Nichelle Holmes dismissed Marcos Iriarte-Valdez, a Venezuelan national, he was accused of stabbing another man to death while attempting another burglary.
The killing of Todd Stewart, 68, outside his home of more than 30 years has renewed scrutiny of judges’ discretion in releasing repeat criminal offenders. It also comes as Republican leaders criticize "sanctuary" policies that they say make it difficult for federal immigration enforcement agents to do their jobs and put the public at risk.
Holmes, who was appointed to Contra Costa Superior Court by Democratic Gov. Gavin Newsom, D-Calif., in 2024, ordered on Aug. 5, 2024, that Iriarte-Valdez, an Venezuelan national who holds Spanish citizenship, be released on his own recognizance. The Department of Homeland Security called Iriarte-Valdez an "illegal alien" in a social media post, but later said he was "legally admitted" to the U.S. in 2007. DHS did not immediately respond to Fox News Digital's request for comment on his immigration status.
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Contra Costa Superior Judge Nichelle Holmes permitted Marcos Iriarte-Valdez to be released after he was found to have violated the terms of his home detention. The following day he allegedly stabbed to death Todd Stewart. (Governor Newsom's office / KTVU-TV)

Holmes' ruling to allow Iriarte-Valez to walk free aligns with an interview that she gave to her alma mater the University of San Francisco School of Law in 2017, in which she claimed that her work as then-deputy district attorney of Contra Costa County is her way of fighting against injustices and racial disparities in the justice system.
"Coming to work every day and ensuring that justice is served is my way of protesting," Holmes said. "Justice does not always mean a prison sentence. Sometimes it means a treatment program, or intensive counseling, and sometimes it means a dismissal."
Holmes shared that she decided to become a district attorney as opposed to a defense attorney because she said victims need a voice too.
"Navigating through the criminal justice process can be daunting and only add to the stress and trauma of being a crime victim," Holmes shared. "I choose to advocate for the victims and be their voice to make the process just a little easier. I choose to make my community a safer place for everyone."
"I choose to ensure that the Constitution is upheld on all sides," Holmes continued. "I choose to be a part of the solution."
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Marcos Iriarte-Valdez, 36, was arrested Friday evening in connection with the stabbing death of Todd Stewart, according to police. (KTVU-TV)

Prior to her appointment to Contra Costa Superior Court, Holmes served as the deputy district attorney for Contra Costa County from February 2012 to April 2024.
As deputy district attorney, Holmes prosecuted sensitive cases centered on sexual assault, domestic violence, child trafficking and community violence. She worked four years in the county’s Domestic Violence Unit and was in the Community Violence Reduction Unit.
She graduated from the University of San Francisco School of Law in 2010 and previously graduated from Spelman College in 1990.
Some state lawmakers fumed over the judge's behavior and Sacramento's sanctuary policies, with Assemb. David Tangipa, R-Fresno, telling Fox News Digital on Thursday that Stewart "should be alive today."
"This murder was 100% preventable if we just enforced the laws currently in place," Tangipa said.
"But Governor Newsom’s garbage sanctuary laws and activist judges are leading to the death of Americans. Californians deserve a justice system that protects innocent Americans first."
Gov. Gavin Newsom speaks during an event about new savings for California car buyers and a major milestone in the state's clean energy future at the Bridge Yard Facility in Oakland, California, on Aug. 7, 2026. (Anadolu via Getty Images)

A spokesperson from Newsom's office did not comment on Holmes' specific decision to release Marcos Iriarte-Valdez despite violating the terms of home detention. Instead, the spokesperson said he should be held responsible for the killing of Stewart.
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"This individual should face justice for his alleged crime," the spokesperson said. "California takes public safety seriously, and nothing in California law prevents federal authorities from enforcing federal immigration law. The federal government has billions of dollars and substantial resources to enforce federal law — they should do their job instead of blaming California for ICE's enforcement failures."
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Fox News Digital reached out to Holmes for comment.
Elaine Mallon is a writer for Fox News Digital and Fox Business covering national politics.