OAKLAND, Calif. — An indigent man was arrested in Alameda County Superior Court on Tuesday after arriving late for his preliminary hearing, despite Deputy Public Defender James Rodriguez emphasizing his poor living conditions, financial instability and claim that he had walked more than eight miles from San Leandro to attend court.
Judge Thomas Reardon ordered the accused remanded, despite the accused’s testimony that he walked from San Leandro to the Rene C. Davidson Courthouse that morning to attend his preliminary hearing.
A chain of indictments initially filed July 3, 2024, alleges the felony offenses of resisting an executive officer using force, violence or threats and reckless evading of a peace officer. In addition, the accused was charged with a misdemeanor offense of hit-and-run involving property damage, along with several imposed enhancements.
Before the accused’s arrival in court, discussion between opposing counsel prompted Deputy District Attorney Luis Marin to request that a no-bail warrant be issued. This happened as a result of the accused’s recent bail payment, which led to his release the night before.
Rodriguez opposed the prosecution’s request. He pleaded for leniency from the judge, arguing there was uncertainty concerning the accused’s access to communications from the court.
Despite the pleas, Reardon issued a no-bail warrant for the accused’s arrest because of his failure to appear on time for his preliminary hearing Tuesday morning.
Roughly two hours after his initial summons, the accused arrived.
The court permitted the defense to reintroduce his case on the record. Rodriguez notified the court of the accused’s lack of access to transportation.
Furthermore, he highlighted the accused’s experience of having to walk from San Leandro to the courthouse for the hearing, resulting in the accused’s tardiness.
The San Leandro city border is approximately 8.1 miles south of the Rene C. Davidson Courthouse and is walkable via International Boulevard. This distance by foot has the potential to take a minimum of three hours to traverse.
Narrowing the scope of his argument, Rodriguez explained that the accused used the remainder of his funds toward his bail payment. The defense then directed the court’s attention to the public seating area where the accused’s uncle was seated.
Rodriguez then reiterated the accused’s financial instability and notified the court of his uncle’s financial contribution toward the accused’s bail payment.
In rebuttal, the judge emphasized that the accused’s uncle had been present in the courtroom since 9 a.m. Further, the judge expressed curiosity about the uncle’s inability to provide the accused with a ride.
In response, the accused’s uncle said, “(accused) doesn’t have a phone!”
Rodriguez then explained that the accused had spent the night with a friend and was unaware of his uncle’s intended presence.
In response, the judge emphasized the accused’s knowledge of his preliminary hearing, arguing that the accused lacked consideration regarding transportation when he filed for release.
Subsequently, Reardon indicated the accused would have received a “free ride” from a sheriff if he had remained in custody.
The defense countered the court’s claim, stating that the accused’s inclination to walk from San Leandro displayed initiative of his own accord. The judge disregarded the defense’s argument, restating the accused’s capacity to pay his bail.
The accused began to interrupt Rodriguez in an attempt to testify in response to the judge’s arguments. The judge immediately countermanded the accused’s attempt to testify regarding his tardiness and ordered him remanded.
The accused proceeded to be handcuffed and taken into custody.
The judge reinstated bail at $2,500, further outlining that the accused had forfeited his right to a preliminary hearing.
When Rodriguez asked, “Is that because he was a few hours late?” the judge replied yes.
The accused will remain in custody awaiting a procedural update from his public defender.
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Categories: Alameda Court Watch Breaking News Court Watch Northern California Court Watch Vanguard Court Watch Tags: Alameda County Superior Court Bail indigent defendants preliminary hearings Pretrial Detention Public Defense