Legal Question in Criminal Law in California

Can the family (or public) of a murder victim obtain evidence to view or read, (examples would be names of witnesses, dates when witnesses went to police, what witnesses may have told police, video footage from surveillance cameras, cellphone videos of the killers that the police have) after a plea deal has been made with the defendant, but prior to sentencing? The family is requesting this, but the deputy district attorney will not release anything to them. Thank you.


Asked on 3/01/14, 6:33 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

NO, hell NO.

What would make you reasonably you think a 'public servant' and government employee would 'lie' to you about this??

That is 'private' info to the defendant, and certainly to all the other individuals like witnesses in that case. The public has a right to attend the court sessions, but that is about it.

If qualified family and heirs have grounds to sue for wrongful death, they may be able to get some of that info through discovery. They may consider filing such suit IF the case has MERIT [reasonable likelihood of winning], VALUE [substantial recoverable financial damages], and COLLECTABILITY [defendant with assets or insurance coverage], all of which are necessary for a successful claim and case.

If so, then feel free to contact me; I'll be happy to help you.

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Answered on 3/01/14, 4:53 pm


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