Judge fines attorney for not showing in court during Crippen trial

A judge on Thursday fined a defense attorney $500 for failing to appear in court for trial testimony. The attorney explained that he had to attend his uncle’s funeral in Sacramento, so he couldn’t show up for a day of the Tylor Crippen murder trial.

Thursday’s hearing was emotional for attorney Alonzo Gradford and the judge. Gradford stopped several times to compose himself as he explained the father-son type of relationship he had with his uncle, and how he couldn’t see himself missing his uncle’s funeral.

Stanislaus Superior Court Judge Dawna Reeves fought back tears, explaining to the attorney that he passed on all the inconvenience to the court and the others involved in the trial.

She told Gradford that she can’t run a courtroom with attorneys deciding on their own when they can and can’t show up in court. “It’s just not right,” Reeves said.

Gradford represented Juan Garcia in the trial. Garcia, Jacob Segura and Taylor Koplen later were convicted of murder in the stabbing of Crippen at Creekwood Park in east Modesto. The defense attorneys are preparing to challenge the verdicts for Garcia and Segura, since they appeared to be inconsistent.

The judge said that on Oct. 17, a Friday night, Gradford sent an email to the court and the other attorneys in the trial. Gradford said he would not be in court the following Monday because he had a family matter to attend to.

Reeves responded, telling Gradford that the email was insufficient notice to shut down the trial for a day. She informed him the trial needed to resume that Monday morning and she was expecting the attorneys to be there, along with the jury.

On Oct. 19, a Sunday evening, Gradford sent another email to the judge and the attorneys. He attached a document indicating he had to attend his uncle’s funeral. The email also contained the nature of Gradford’s close relationship with his uncle. The judge said she couldn’t remember when she received the email, possibly the following morning.

Gradford told the judge Thursday that the funeral was scheduled at 11 a.m. Oct. 20, and he was informed of the finalized funeral arrangements on the Friday night before. He accepted responsibility for not being more aware of the funeral scheduling to provide the court more notice.

The defense attorney also said he feels he wouldn’t have been able to focus and adequately defend his client had he chosen to appear in court Oct. 20. He said he informed his client twice that weekend, once in person, that he wouldn’t be able to be in court that day.

Reeves told Gradford that the Sheriff’s Department spent $1,077.60 to have two additional deputies who were needed to provide security in the courtroom that day. No testimony was given and the jury was sent home early because of the attorney’s unexcused absence.

The judge also reminded Gradford of the costs incurred to have the other court-appointed defense attorneys and the prosecutors, who were ready to resume with trial testimony. The prosecution had an expert witness ready to take the witness stand.

Had Gradford showed up in court that morning, the judge said, she might have been able to accommodate his request to be excused. She told him he might have missed the beginning of the funeral, but they could have done some work in the trial.

Reeves filed a misdemeanor contempt-of-court charge against Gradford for failing to show up in October. Last year, she charged Gradford with misdemeanor contempt of court in another criminal case, also for failing to appear in court as ordered.

“That day, I accepted your apology and dismissed the contempt charge,” the judge told Gradford. “Today, I’ll accept your apology, but I have to deal with the contempt charge.”

She explained that she would rather sanction him with a fine for the amount spent on the two additional deputies, but the State Bar of California has to be notified when an attorney is fined $1,000 or more. So, Reeves chose to fine Gradford $500.

This isn’t the first time a local judge has fined Gradford $500 for failing to appear in court. In March, Judge Marie Silveira sanctioned him for not attending a sentencing hearing for his client, Jaime Cerpa, who faces up to 80 years to life in prison for his role in a deadly Modesto home-invasion robbery.

Gradford’s unexcused absence spurred Cerpa to ask the court for a new attorney. Silveira granted Cerpa’s request. Cerpa still hasn’t been sentenced and remains in custody at the local jail.

This story was originally published December 11, 2014 at 4:56 PM with the headline "Judge fines attorney for not showing in court during Crippen trial."