Larson Justice Center — Defense attorneys in the desert are crying foul at a plan to contain the spread of H1N1 virus or any other flu-like illnesses, saying that it could violate an inmate's constitutional right to a speedy trial.

Riverside County Jail officials developed the protocol, which includes inmate quarantines, in an effort to curb the chances of an outbreak of flu-like viruses in the county's jails.

Anthony Raymond Magdaleno, the 18-year-old Los Angeles County man accused of fatally shooting Chi-Lu “Tony” Chen, 45, in Desert Hot Springs on Oct.10, was scheduled to be arraigned this morning.

He was arrested Oct. 21 and booked into a Riverside County jail the next morning.

But Magdaleno did not appear in court for his arraignment this morning, the third time in three days, because he is one of several inmates quarantined at the jail in Indio as a precautionary action attributed to a flu-like virus.

Magdaleno was one of three inmates who would “not be available” today for their hearings because of the quarantine, Judge Graham Cribbs said at the 8:30 a.m. hearing.

Constitutional law, though, requires that a suspect be arraigned within 48 hours of his arrest, officials said.

Bryant Villagran, an assistant public defender who oversees the Indio office, said regardless of the possible health concerns, due process must be respected.

Other courts have dressed infected inmates in masks and gloves and allowed them to attend their court hearings, Villagran said.

“It's not that clear cut that just because somebody is ill you can't provide a courtroom that accommodates that,” he added. “They may have an obligation to protect the people from that risk, but that doesn't necessarily mean they have the right to stop somebody's due process.”

The quarantine, which was developed by jail medical personnel, could be grounds to overturn a conviction, he said.

Riverside County sheriff's Capt. Raymond Gregory, who oversees operations at the county jail in Indio, said Tuesday that the quarantine is an effective way to “catch things early” and protect both the inmates and the general public.

Magdaleno and his cell mate, Martin Chapa, 29, are among a group of inmates quarantined as a precaution after possibly coming into contact with someone suspected of having a virus.

Chapa, whose defense attorney also expected him to appear in court for arraignment on Tuesday, said she was unaware that her client had shown any flu-like symptoms.

On Tuesday, the second day Magdaleno was scheduled to be arraigned, Cribbs said “the court has tried to work with counsel as to how to have the case proceed.”

The judge added that he handles the cases on a day-to-day basis unless a defense attorney asks for a specific timeline to be determined. He said Wednesday he will continue to do so.

Gregory said jail medical staff determine the duration of the quarantine and that few of the jail's 350 inmates have shown flu-like symptoms.

The district attorney's office does not seem too concerned about the delays.

“From time to time the judge finds good cause to continue those (cases) to a later time, and this is one of those situations,” said Michael Jeandron, a spokesman for the Riverside County District Attorney's Office, on Tuesday.