SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE HARBOR JUSTICE CENTER ) ) ) ) ) ) ) ) ) ) )

Transcription

1 ATTORNEY(Bar No LAW OFFICES OF ATTORNEY 123 Main St City, California Telephone: Facsimile: Attorney for Defendant DDD, SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE HARBOR JUSTICE CENTER PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. DDD, Defendant. Case No.: 07HF1940 [Penal Code 1054] TO THE DISTRICT ATTORNEY OF THE COUNTY OF ORANGE: In accordance with the provisions of Pen. C et seq., the defendant requests disclosure and production of the materials and information listed below, within fifteen days of the date of delivery of this disclosure and request. Defendant already has the following items: (1 Felony Complaint Amendment 1 executed on September 25, 2008, (2 CD s labeled numbers 1-5 (3 Newport Beach Police Department Field Supplemental Report, DR Number dated 7/27/08 (1 page, (4 Newport Beach Police Department Field Supplemental Report, DR Number dated 8/11/08 (2 pages, 1

2 (5 Field Supplemental Report, DR Number 4310 dated 8/24/08 (3 pages, (6 Newport Beach Police Department Follow-Up Report, Master Case No , dated 8/6/08 (2 pages, (7 Newport Beach Police Department Follow-Up Report, Master Case No , dated 8/11/08 (2 pages, (8 Newport Beach Police Department Follow-Up Report, Master Case No , dated 8/14/08 (2 pages, (9 Anaheim Police Department Field Interview Report for DDD, and (10 One CD labeled Interview of Jose XX (File Number (11 Predicate Acts: County of Orange Felony Complaint Case Number 08HF0123 County of Orange Information Case Number 08HF0234 County of Orange Minute Orders Case Number 08HF0345 County of Orange Docket Report Case Number 08HF0456 County of Orange Abstract of Judgment Prison Commitment Case Number 08HF0789 County of Orange Felony Guilty Plea Form Case Number 08HF0890 Costa Mesa Police Department Arrest Report DR Number dated 8/22/08 Anaheim Police Department Reports DR Number San Bernardino County Sheriff s Department Reports Case Number County of San Bernardino Minute Orders Case Number FMB00111 County of San Bernardino Abstract of Judgment Prison Commitment Case Number FMB County of San Bernardino Felony Complaint Case Number FMB San Bernardino County Sheriff s Department Reports Case Number County of San Bernardino Minute Orders Case Number FMB06000 County of San Bernardino Information Case Number FMB County of San Bernardino Abstract of Judgment Prison Commitment Case Number FMB00600 Please make available to the defense attorney or his agent, for examination, inspection, and copying, the following items, which are in the actual or constructive possession of the District Attorney of this county or his deputies, investigators, employees, or agents: 1. All notes, reports, and supplemental reports of police officers and investigators, to include handwritten notes and typewritten reports, concerning the offense charged. This includes reports concerning all aspects of the case, e.g., the crime, the defendant s arrest, law enforcement activities and observations, and conversations with witnesses and potential witnesses. (Penal Code section (e-(f. For a list of reports defense has thus far received, please see below. 2

3 2. All statements or utterances by the defendant oral or written, however recorded or preserved, whether or not signed or acknowledged by the defendant. In addition to this general request, the defense specifically requests a copy of the recorded phone call made by the alleged victim to the defendant on 9/18/07 as reported in Officer D. Joe s Follow-Up Report dated 9/18/07, page 4. (Penal Code section (b, (e; Brady v. Maryland ( U.S Any and all transcripts made of any statement taken from the defendant herein, including but not limited to transcripts made of defendant s tape-recorded statements and conversations.. (Joe Z. v. Superior Court, 3 Cal.3d 797, 804 (1970; Powell v. Superior Court, 48 Cal.3d 704, 709 (1957; People v. Cartier, 51 Cal.2d 591 ( The content of any statements made in the defendant s presence while being interrogated by law enforcement that were intended or might reasonably be expected to have the effect of encouraging the defendant to give a statement about the offense to the police. (People v. Haydel, 12 Cal. 3d 190 (1974; Napue v. Illinois ( U.S All notes of observations of the defendant s physical appearance or emotional state by law enforcement personnel or their agents at or near the time of the defendant s arrest. (See People v. Haydel, supra. 6. All notes, memoranda, handwritten or typed, which were prepared by any law enforcement or non-law enforcement personnel based upon statements made by the defendant. All reports of any law enforcement personnel, any investigator, or any person who has peace officer status, or any person not of peace officer status and/or their agents and employees, of his or her conversation with any person, including the defendant, pertaining in any way to this case, made prior to, at, or subsequent to the occurrence of the events in this case. This includes, but is not limited to the original notes of said persons prepared by them during their investigation, as well as field notes, surveillance reports, tape recordings, photographs, memoranda or other information related to the issues in the case. (See Joe Z. v. Superior Court, supra; Funk v. Superior Court, 52 Cal. 2d 423, 424 (

4 7. All statements of any person that were shown, read, played, or paraphrased to the defendant during any interviews, interrogations, visits, and/or phone conversations in this case. 8. The following requested information concerns any search warrants sought or used in this case. (Norton v. Superior Court, 173 Cal. App. 2d 133 (1959; Smith v. Illinois ( U.S. 129; People v. Brandow, 12 Cal. App. 3d 749 (1970; People v. Mascarenas, 21 Cal. App. 3d 660 (1971; Alford v. United States ( U.S. 687; Miller v. Superior Court, 99 Cal. App. 3d 381 (1979. A. All drafts and final versions of any search warrant applications in this matter and all information regarding submission of the warrant and prior drafts thereof to any judicial official, whether of the defendant s residence or not. B. A copy of any search warrant, search warrant affidavit and/or return of search warrant, listing the property seized in relation to this case. C. A copy of every search warrant and search warrant affidavit presented to any judge for issuance of any search warrant relating to this case, whether of the defendant s residence of not. D. The names, addresses, telephone numbers, and official positions of any and all persons present while and/or involved in any way in conducting the executions of the searches and/or seizures in this matter, whether of the defendant s residence or not. E. The true identities, including names, current addresses, and telephone numbers of all witnesses to any searches and/or seizures conducted in this matter, whether of the defendant s residence or not. F. The justification(s for any searches and seizures conducted in this matter, whether of the defendant s residence or not. G. A list of all evidence obtained as the direct and/or indirect result of any searches and/or seizures in this matter, i.e., all evidence observed and/or seized, along with information regarding how each and all items of evidence was observed and/or seized, whether of the defendant s residence or not. H. Any previous applications for search warrants even if rejected by a judge for probable cause relating to the investigation of this case, whether of the defendant s 4

5 residence or not. (Penal Code section 1539(c; United States v. Leon ( U.S All written or recorded statements of witnesses who will testify at trial and their names, current addresses and telephone numbers. (Penal Code section1054.1(e-(f. 10. All written or recorded statements of percipient witnesses, whether or not they will be called testify and their names, current addresses and telephone numbers. (Penal Code sections (e, 1054(e. 11. Any record of criminal arrests or conviction s (whether for felonies or misdemeanors of any witness to be called to testify against defendant. (Penal Code sections (e, 1054(e0. People v. Lang ( Cal 3d. 991; People v. Harris ( Cal 3d See People v. Pinholster ( Cal 4 th 865, 938; People v. Pensinger ( Cal 3d Any promises and/or inducements of any kind made by the prosecution to induce or encourage a witness to assist the prosecution in its investigation of the above-entitled case, or to induce a witness to testify for the prosecution in the above-entitled case. (See Penal Code section (3e; Brady v. Maryland, supra. 13. Any information relevant to impeachment of any witness that the prosecution intends to call at the trial, including any threats, promises, inducements, offers of reward or immunity, affirmative representations made or implied, and any record of convictions, or of pending charges, probation, or parole. (Penal Code sections (e, 1054(e See People v. Pinholster ( Cal 4 th 865, 938; Davis v. Alaska ( U.S Any and all records concerning the arrest of the alleged victim, complaints filed against the victim, or information concerning incidents of specific acts of aggression by the alleged victim, as well as the names, address, and phone numbers of witnesses to such acts. (Penal Code section (e; Engstrom v Superior Court ( Cal 4 th The identity and whereabouts of any material informants. (Penal Code sections , 1054(e. See People v. Hobbs ( Cal 4 th All physical evidence obtained in the investigation of the case against the defendant. (Penal Code section (c, (e. 5

6 17 All photographs, transparencies, slides, diagrams, and videotapes of the scene of the alleged offense. (Penal Code section (c, (e. 18. All photographs, transparencies, slides, diagrams, and videotapes of the alleged victim. (Penal Code section (c, (e. 19. All photographs or videotapes of defendant at or near the time of defendant s arrest. (Penal Code section (c, (e. 20. All photographs, transparencies, slides, diagrams, motion pictures, composites, or likenesses shown to witnesses and prospective witnesses in this case for the purpose of establishing the identity of suspects in the crime charged against the defendant, and all reports concerning the display of such. (Penal Code section (c, (e. 21. The names and addresses of each witness shown or attending a line-up involving the above-entitled case and the results of any such lineup including the witnesses signed admonishment. (Penal Code section (e; Brady v. Maryland, supra. 22. A copy of any police radio communication tape concerning the case. (People v Madden, 2 Cal. 3d 1017 ( Any record of criminal arrests or convictions of the defendant. (Penal Code section (d, (e. 24. Any exculpatory evidence, information, documents, and other materials in the possession of, or that have come to the attention of, the District Attorney or of any police department involved in the investigation of the case against the defendant. (Penal Code sections 1054 (e, (e; Giglio v. United States( U.S. 150; Brady v. Maryland, supra. 25. All reports and notes of any law enforcement officer or investigator concerning the defendant and/or the above-entitled case that are maintained separately from the official file, e.g., as current investigation files, field identification notes, or street files. 26. Statements of all non-testifying witnesses in this case. (United States v. Strifler, 851 F2d 1197 (1988 CA9; Vetter v. Superior Court of Sacramento County, 189 Cal. App. 2d 132 ( All notes in the District Attorney s files of interviews with police officers and other witnesses. (Thompson v. Superior Court, 53 Cal. App. 4 th 480 (

7 28. As to physical evidence in this case, we request: A. All physical evidence, including, but not limited to, all documents, papers, computer disks, books, record, photographs, telephone records, which may be introduced at the time of trial in this case. B. All other physical evidence collected in the investigation of this case which is now in the possession of the prosecutors, law enforcement officers, or any other governmental agency, whether such evidence has been examined or is not going to be used at trial. C. The present location of the evidence, and the name, address, and telephone number of the present custodian of such evidence. D. Any and all reports or raw notes describing the state, composition, or findings of the physical evidence. E. The name, addresses, and telephone number of each person to whom any of the physical evidence in this case was submitted for analysis including, but not limited to, all criminalist, handwriting experts, criminologists, toxicologists, crime technicians, etc. This is a continuing request and requires the police and prosecution to inform the attorneys for the defense forthwith of any information covered by this request which comes to the attention of the police, prosecution, or any other governmental agency, agent, or employees thereof after this request is made. (Hill v. Superior Court, 10 Cal. 3d 812 (194; In re Ferguson, 5 Cal. 3d 525 (1971; People v. McManis, 26 Cal. App. 3d ; Brady v. Maryland, supra. The defense further requests that the police, prosecution, and their agents and employees shall inform the defense attorney of any and all evidence and/or information from any source that it has which is or may be favorable to the defense in that it tends to exonerate the defendant in this case, minimize his probable sentence or constitutes information that the defense might use to impeach or contradict prosecution witnesses, including all information which may lead to such information. (Penal Code section Brady v. Maryland, supra; Naupe v. Illinois, supra; In re Ferguson, supra. 7

8 This request binds the prosecution and all other law enforcement personnel, and their agents, deputies, and employees who have assisted or are assisting in the investigation or prosecution of this case. (People v. Renchie, 201 Cal. App. 2d 1 (1962; Engstrom v. Superior Court, 20 Cal. App. 3d 240 (1972. Dated:, 2008 Attorney Attorney for Defendant DDD 8

9 9