NEWPORT BEACH, CALIFORNIA – In a motion for discovery and a pretrial hearing Monday in Orange County Superior Court, Judge Megan L. Wagner postponed a trial date after the defendant complained that he was unable to consistently contact investigators while in custody.
The defendant is charged with one misdemeanor: possessing tear gas and/or a tear gas weapon (later specified as pepper spray) while on probation and representing himself while in custody.
In the defendant’s filing, Judge Wagner said the defendant shouted at the court during an evidentiary hearing last Friday, warning: “You must behave respectfully… You have been granted the right to represent yourself, but it can be taken away from you if you disrupt the proceedings.”
The defendant had several requests in that previous discussion regarding disclosure: Request one was for an updated criminal record, which the defendant received, request two was unspecified but not yet completed, and request three, to provide all arrest/arraignment warrant information, was completed, according to Assistant District Attorney Alyssa Gosset.
However, when Judge Wagner asked the prosecution whether it had made a request to the investigator to release the arrest warrant documents, DDA Gosset said: “To my knowledge, this was not relevant for judicial purposes.”
Judge Wagner then made it clear to the prosecution that the pepper spray was the only evidence the Newport Beach Police Department had and that there were no photographs as evidence.
“Is it the intention of the people to take the case to court?” asked Judge Wagner, to which the DDA replied that this was not the case at this time.
When Judge Wagner asked the defendant whether he was satisfied, he replied in the negative. “Arrest reports” that were in the system at the time of his arrest were “all I need.”
Judge Wagner stated on his second motion: “People have complied with the disclosure requirements, but the issue now is getting those documents… They will deliver them to you as soon as possible.”
Regarding the third request, Judge Wagner asked: “There were six arrests, and you say you do not have all the records related to those arrests… is that correct?”
The defendant agreed, so Judge Wagner read to the court the arrest data on file, including five arrests for probation violations between 2019 and 2024.
The defendant corrected the court by saying there was another arrest by the Newport Beach Sheriff’s Department and “all of these arrests are the result of a single warrant that was never signed by a Superior Court judge… that was never released into the system… It’s not six warrants, I’ve just been arrested six times on the same warrant… that’s illegal.”
When asked if the defendant knew approximately when the sheriff’s department arrested him, he replied, “September 2023,” a date not listed in the criminal record.
“Today is the trial date,” said Judge Wagner, “are you ready to stand trial?”
“No,” the defendant replied, “I wanted to talk to my investigator, I want fingerprints on the pepper spray, I want the evidence… It’s been four years.”
Judge Wagner told the defendant that he should be aware of the “work product privilege.” “I am inclined to give you more time to prepare for trial. Since you are representing yourself, you may not want to reveal your defense strategy.”
The defendant continued, saying, “The video only mentions a probation violation, not pepper spray.”
Judge Wagner interrupted the defendant’s speech and asked him and the prosecution how much time they would need to prepare for the trial.
DDA Gossett said: “People are ready today, but I would have no objection to postponing the date.”
The defendant said he did not know because he had to contact the court-appointed investigator and “I am incarcerated, so I cannot simply contact the investigator when I need to. I have to wait for him to come to me.”
“I will continue the motion for open records for one reason only… so that people can contact the investigator… I want to close the matter regarding the arrest warrant,” Judge Wagner concluded.
The defendant again addressed Judge Wagner and said, “I cannot confirm the wrongful arrest. The court issued several warrants. I have to prove that those warrants were not in the system. In this case, I should never have had to come to court and release them because they were not in the system.”
Judge Wagner responded, “You have to use your investigator to get that evidence… You have been given an updated criminal record. That doesn’t mean more evidence is needed… it’s just incomplete… If there are arrests that you know don’t exist, I can’t tell you why.”
“The court denies the motion for disclosure except motion three,” which requests that the arrest warrant information be presented to the defendant, Judge Wagner announced.
A new preliminary hearing date has been set for August 13, followed by a jury trial on September 13.
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