In what circumstances will a defendant be denied a bench warrant for the arrest of a witness in a murder case?

Though this exchange is difficult to interpret, it appears defense counsel did not want defendant to know he was seeking a bench warrant for the arrest of the witness, perhaps because defendant felt some loyalty to the witness, who, as noted, was defendant's drinking companion immediately prior to the murders. In any case, the entire matter became moot when the witness appeared voluntarily. Defendant argues that the record "smacks of the most pernicious form of deceit designed to shield defense counsel from airing ... attorney-client conflicts," but defendant does not explain how his absence from the conference, the substance of which became moot, "bore a reasonably substantial relation to his opportunity to defend himself." (People v. Ochoa, supra, 26 Cal.4th at p. 433, 110 Cal.Rptr.2d 324, 28 P.3d 78.) We find no error.

Defendant argues that his exclusion from other unspecified conferences violated his rights, requiring reversal. Again, defendant does not explain how his absence adversely affected his defense other than to speculate that "[i]t is reasonable that had [he] been present to contribute and confer with his attorney, the outcome of the in-chambers conferences would have been altered, as well as the outcome of the trial." That sort of vague speculation does not establish a breach of defendant's statutory rights or a violation of his state or federal constitutional rights. (People v. Ochoa, supra, 26 Cal.4th at p. 433, 110 Cal.Rptr.2d 324, 28 P.3d 78.)