David Wolfsmith, a Morgan Hill resident and personal trainer who is accused of multiple counts of sexual battery, returned to jail following a May 13 hearing at South County Courthouse after the judge increased his bail.
During the arraignment hearing, Santa Clara County Deputy District Attorney Tim McInerny told Superior Court Judge Jacqueline Duong that he had just served Wolfsmith, 49, with two additional counts of sexual battery by fraud, bringing the total number of charges against him to thirteen. As a result, McInerny asked the judge to increase the suspect’s bail from $100,000 to $325,000.
Duong agreed to raise Wolfsmith’s bail due to the “very serious nature of the charges,” concerns for public safety and the “numerous allegations.”
Wolfsmith was released from jail shortly after his initial April 11 arrest when he posted his original bail amount. He was initially arrested by Morgan Hill police on suspicion of sexually assaulting five female victims, following an investigation that started in February, according to police. Two of those alleged victims are minors.
The additional charges announced by McInerny May 13 bring the total number of victims to seven. The charges include multiple felony counts of sexual battery by fraud, one count of lewd and lascivious act on a child younger than 14 and misdemeanor annoying or molesting a child. The two new victims who have come forward to investigators since the initial charges are adults, McInerny added.
If convicted, Wolfsmith faces up to 40 years in prison, according to authorities.
Wolfsmith’s attorney Sam Polverino unsuccessfully argued against increasing bail. He said Wolfsmith has no prior criminal record and is not a flight risk or a threat to public safety. Polverino called the accusers “at most, alleged victims” or “complaining witnesses.”
Immediately after the judge’s ruling to increase bail, a sheriff’s deputy placed Wolfsmith in handcuffs and led him to the doorway leading into the courtroom’s holding area for inmates.
The judge also issued a protective order prohibiting Wolfsmith from making any contact with the accusers.
Outside the Morgan Hill courthouse, Polverino said Wolfsmith’s accusers might have ulterior motives.
“These allegations, I believe, are coming from people who are connected to each other or have (a) grudge against (Wolfsmith),” Polverino said.
He added that Wolfsmith, who owns Wolfpak Training Center with his wife Julia Wolfsmith, is “a contributing member of this community.”
“I can assure you we will put forth every ounce of effort into establishing his innocence,” Polverino added. “Mr. Wolfsmith is presumed innocent under the law, and I hope everyone will keep that in mind.”
Polverino said he did not know if Wolfsmith would be posting bail in the near future.
The next hearing for Wolfsmith is scheduled for June 10 at the South County Courthouse.
