Los Angeles Superior Court Judge Melissa Widdifield issued her ruling after hearing from two witnesses called during a preliminary hearing to show some of evidence against Richard A. Franco, who has pleaded not guilty to burglary and stalking charges.
He was charged after police arrested him outside Berry’s home in July after he was seen on the property three times in three days.
Los Angeles police Detective John Gregozek testified that when Franco was caught, he was carrying a key to Berry’s guesthouse, where the Oscar-winning actress has her beauty salon and some of her wardrobe.
Gregozek said Franco apparently obtained the key on July 10, when he entered the house for about 20 seconds after Berry left the salon area to go to her kitchen. Franco was standing outside her kitchen door when Berry spotted him and locked the door and called police.
Berry did not attend the hearing, but Gregozek told the judge the actress is still afraid of Franco.
The following night, after Berry had hired private security, Franco was seen climbing over the actress’ gate and coming onto her property. Joseph Vach, a retired California Highway Patrol officer, was working as private security and helped detain Franco. The man was carrying a notebook that included references to Berry and entering her home, Vach testified.
Franci has been charged with one count of stalking and one of residential burglary after he was seen on the actress' Hollywood property three times in three days earlier this year.
The 27-year-old man is currently jailed on a $US150,000 bail. He was charged after police arrested him outside the brunette beauty's home in July. He has pleaded not guilty to both charges.
Los Angeles Police Department Detective John Gregozek - who spoke to Berry one day after Franco's arrest - was called to testify during the hearing.
Speaking to the judge about Berry's response following Franco's arrest, he said: "She was afraid for her safety and that of her daughter, as well. She hired armed security to stay at her residence 24 hours.
"She saw the defendant standing at the kitchen door."
The police officer testified Berry had told him she noticed a key that had been attached to a keychain in the door of a room she uses as a beauty salon was missing, and she showed him a key and keychain that were similar to the ones found in Franco's possession upon his arrest.
Joseph Vach, a security guard who worked for the 45-year-old star, also testified in court, explaining he had seen a man identified as Franco failing to climb over a fence at Halle's house at his first attempt before successfully vaulting over it after a second try.
He also testified Franco was carrying a notebook that mentioned Berry by name.
Franco is due back at the Los Angeles courthouse on October 31 for arraignment.
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