PALO ALTO, Calif. — Judge Vincent J. Chairello this week issued a no-bail bench warrant for a man who appeared remotely from what defense counsel said was his cousin’s out-of-state funeral, ruling that attending the funeral was not a sufficient reason to violate the terms of his probation or miss a required court appearance.
Deputy Public Defender Barbara Muller requested that the court delay issuing the bench warrant for one week so the accused could attend the funeral. In response, Deputy District Attorney Brian Slater argued that the accused had a history of offering dubious excuses.
The accused failed to attend a previous court date for an alleged probation violation. DPD Muller explained that he had missed that appearance because of a medical emergency but did, in fact, come to court before attempting to leave. He was ordered to return to court but appeared through Microsoft Teams in the department’s virtual courtroom, seemingly from a cemetery.
In defense of the accused’s absence, DPD Muller said he flew out of state for his cousin’s funeral, which she argued constituted a family emergency. According to DPD Muller, the accused was raised with his cousin, who was his closest next of kin. DPD Muller also said the accused did not know he needed authorization to travel and was unable to notify his probation officer because of the Fourth of July federal holiday.
According to DPD Muller, the accused experienced a series of emergencies that excused his absences from court. She further argued that issuance of the bench warrant should have been delayed so the accused could attend to the family emergency.
DDA Slater expressed skepticism about all three explanations. First, DDA Slater pointed out that although the accused submitted proof that he had gone to the hospital, he did not provide evidence that the visit was, in fact, an emergency.
Regarding the accused’s alleged ignorance of the terms of his probation, DDA Slater argued that the accused had previously completed the same out-of-state travel authorization paperwork.
Finally, DDA Slater challenged the assertion that the accused needed to fly out the day after his cousin’s death. According to DDA Slater, most funeral services allow sufficient time after a person’s death to reschedule a hearing and obtain the necessary travel authorization.
DDA Slater argued that the accused’s conduct reflected a pattern of half-truths used to delay justice. He also characterized the trip to the funeral as a matter of personal preference rather than necessity. DDA Slater concluded by noting that the day after the accused missed court to go to the hospital, he allegedly committed a petty theft, which DDA Slater argued reinforced a pattern of criminal conduct.
Judge Chairello ruled that the accused’s reason for failing to appear in court was insufficient and that he could have attended the funeral without violating probation. Concluding that the case should not be delayed further, Judge Chairello approved the no-bail bench warrant, stating that, ideally, the accused should be arrested at the airport.
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