During a Gerstein, or probable cause, hearing yesterday, Detective Roque Camacho said Hemley received $120 from his victim who was made to believe he could purchase a premade storyboard that was shown by the defendant on Jan. 6, 2011.
The transaction occurred at a hotel in San Jose.
Hemley told his victim to wait for 20 minutes, but did not return.
When the victim returned to the San Jose hotel, the victim was told that the defendant was no longer there.
Judge Perry B. Inos found probable cause to continue the detention of Hemley.
Inos also imposed a $200 cash bail on Hemley.
There is a standing bench warrant against Hemley for his paternity case for which bail was set at $500 cash.
Hemley was remanded to the custody of the Department of Corrections after his hearing yesterday.
Assistant Attorney General Russel Lorfing represented the government, while Assistant Public Defender Michael Brown appeared for Hemley who was found by the court to be indigent and homeless.
