Court Watch: Judge Recalls Bench Warrant after Criticizing Accused’s Compliance with Court Orders

San Francisco Hall of Justice – Photo by David M. Greenwald

SAN FRANCISCO — A San Francisco Superior Court judge sharply criticized an accused man’s repeated failures to comply with court-ordered supervision and appear for scheduled proceedings before ultimately recalling a bench warrant during a hearing Monday in Department 11 of the San Francisco Hall of Justice.

During the July 27 hearing, Judge Gloria F. Rhynes addressed the accused directly in a stern exchange over his noncompliance with Assertive Case Management (ACM) and his missed court appearances. The accused was present in court.

Judge Rhynes stated the accused failed to appear for a preliminary hearing July 8. A bench warrant was issued and stayed until July 22. The accused also was not present in court July 22.

Deputy Public Defender Grant explained the accused had appeared at the courthouse the morning of July 8. However, because the preliminary hearing was not held that morning, the accused left during the lunch recess and returned when court resumed. The court then took another recess before the preliminary hearing, and the accused returned after court had adjourned for the day.

Deputy Public Defender Grant said the accused was at Cherry Hill, an addiction treatment center, on July 22. Judge Rhynes then asked whether that meant the accused was “under the influence of some substance.” Deputy Public Defender Grant did not directly answer the question but explained the accused had been admitted to the residential treatment program from July 21 to July 22 and that it operates 24 hours a day, seven days a week.

Judge Rhynes then referenced an ACM report indicating the accused was not compliant with Assertive Case Management. She also noted that a Sheriff’s Affidavit Warrant (SAW) had been issued June 11 and confirmed the accused remained on electronic monitoring.

“You do what you want to do,” Judge Rhynes told the accused, referring to his failure to comply with ACM and the SAW. Judge Rhynes added that she knew the accused had “issues.”

Despite her criticism, Judge Rhynes agreed to recall the bench warrant.

The preliminary hearing is scheduled for Sept. 15.

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