NEWPORT BEACH, Calif. — A judge at the Newport Beach Harbor Justice Center on Monday ruled that a medical report from Coast Plaza Hospital was inadmissible and declined to accept the documentation as evidence explaining the accused’s absence from court.
Deputy Public Defender Sharon Lee Tekolian shared documents provided by the hospital detailing multiple hospital stays that she argued prevented the accused from appearing in court, using the records as evidence in support of a request to extend the bench warrant until Friday, June 5, to give the accused more time to heal.
The accused is currently on monitored pretrial release, which allows her, under specific conditions, to remain out of custody while awaiting her trial date. Her pretrial hearing was scheduled to address alleged violations stemming from June 17, 2024.
She is charged with one misdemeanor count of resisting a public or peace officer and three felony counts involving possession of controlled substances for sale and reckless evasion of a peace officer while driving.
The court reviewed the timeline of events reflected in the medical documents. According to the records, the accused was released from the hospital on May 18, attended an appointment the following day and was hospitalized again over the weekend before being discharged Sunday from Coast Plaza Hospital.
DPD Tekolian also informed the court that she had been in constant communication with the accused, including speaking with her on the day of the hearing to check on her health.
The judge dismissed the medical issues and documentation as insufficient to justify the accused’s absence, stating that “the documentation alone does not explain her absence.” He further explained that the paperwork was unsuitable for consideration because it consisted of a prescription from the previous day rather than a discharge notice.
The court stated that the medical paperwork failed to include information regarding the date and time of the accused’s admission to the hospital. The judge concluded that the documentation merely indicated she was scheduled to be seen and did not confirm that she had been admitted.
The judge reminded the prosecution that a previous warrant had already been issued and held. Given the accused’s prior history of failing to appear in court, he said this situation did not warrant an exception and noted that it was consistent with a pattern of nonappearances.
DPD Tekolian explained that she did not wish to disclose the accused’s personal medical information in open court and stated only that the accused was suffering from a serious infection that prevented her from appearing.
The prosecution supported extending the bench warrant to either June 3 or June 5, whichever the court deemed appropriate. Deputy District Attorney Samantha Shafia responded that, if the court was willing to grant an extension, she would prefer it be extended until June 3.
The judge stated that although the accused had been released from the hospital only the day before, that fact still did not explain why she was absent from court Monday. He emphasized that “her warrant history was separate from the medical episode” and said her history of nonappearances outweighed the circumstances presented.
The court granted the extension of the bench warrant until June 3 at the request of DDA Shafia. The judge said he was granting the extension reluctantly and did not object only because the matter would continue on a day when he would not be presiding.
The case will be heard Wednesday before Judge Hernandez. The judge stated that he would have allowed the warrant to issue had the case remained before him, saying “the paperwork said nothing” that could be used as evidence in court.
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