Councilman's son to finish school before facing charges

ALAMEDA -- Alameda City Councilman Frank Matarrese's son, who faces charges he threatened an Alameda resident, will be allowed to complete his studies abroad before he appears in court.

Joseph Matarrese, 21, a San Francisco State University film student due back in July from a study abroad program in Germany, was arraigned in Alameda County Superior Court in Alameda on Friday.

His attorney Ted Cassman represented him at the arraignment.

The younger Matarrese was charged on a single misdemeanor count of making a criminal or terrorist threat, which could bring a maximum of a one-year county jail term.

The charge came following an e-mail he sent to Alameda resident Deborah Overfield in response to an e-mail she anonymously sent to the City Councilman Matarrese, asking him to resign. Overfield was opposed to the controversial Alameda theater project which Matarrese supported. Matarrese forwarded the e-mail to his son in Germany.

The March 26 e-mail, which Overfield took to the police, read:

"From: Joseph Matarrese

"Subject: Consider this a death threat."

"You might want to consider not leaving your house for a while. Who knows the next time a sniper may pick you off from three hundred meters."

"(signed) -- the Right to Bear Arms."

On Friday, about an hour after Judge Delbert Gee heard mostly traffic and probation violation cases, Matarrese's case came before him.

The judge recused himself from the case, giving no reason for his action, and announced that Judge Peter Smith will hear the case in another courtroom.

Gee, a longtime Alameda resident, was recently appointed from Oakland's Superior Court to assume the post of supervising judge at the George E. MacDonald Hall of Justice on Shoreline Drive in Alameda.

Senior Deputy District Attorney Ann Diem and Cassman took the file downstairs to Smith, who set a court date of July 27.

The judge also ruled to set no bail at the request of the younger Matarrese's attorney, to which Diem did not object.

"I don't believe there is a flight risk; (21-year-old Matarrese) has a lot of ties to the community," said Diem.

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