Legal Question in Criminal Law in California

Prop.115 - Discovery Issues & Due Process

My boyfriend is a pro per defendant in a criminal matter,the problems are about search & seizure,Due Process,& Brady.The 2 officers that arrested him said they searched the car and found dope,not true.A K-9 officer searched the car and never allerted to anything(i was there).There were 4 police agencys (6 cars & a helicopter)involved.

4 months ago he put in a motion for discovery that included any tapes from any of the cars that night,motion was granted, when this was brought up last month at court D.A.said they didnt belive any of the cars had cameras , judge got upset,told D.A. to find out .D.A. got on the phone right then & called all 4 P.D.Stated to the court that none of the cars had cameras.The investigator found out other wise.So We went around the D.A. and subpoenad the P.D.'s asking for the tapes from the tapes will show the 2 cops are lying about searching.

3 of the P.D.told us we had go through the D.A.& 1 asked us when we wanted it.Now the D.A. is hiding behind Prop 155.saying all discovery has to go through them .

So we have 1 P.D. asking when we want it,

3 P.D.'s telling us to go the the D.A. & of course D.A.says there are no tapes nor has there ever been any tapes.What do we do now?


Asked on 5/24/05, 2:55 pm

2 Answers from Attorneys
Robert Kohler

Re: Prop.115 - Discovery Issues & Due Process

I agree with attorney Johnson. Your friends NEEDS an attorney, NOW. If he cannot afford an attoerney, he needs to ask the court to appoint one for him. Beacuse it sounds as though the PD is already involved, he will likely get a private attorney who would take the case on a contract basis with the court.

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Answered on 5/28/05, 11:37 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Prop.115 - Discovery Issues & Due Process

If you have to ask this question for him he is in real trouble representing himself. If the DA does not comply and provide the requested discovery, he must file a motion requesting a court order to produce the requested items and information. The court should also set a date for compliance with the discovery order. Because of the delay in providing the requested information he should also request a review date for compliance.

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Answered on 5/24/05, 8:28 pm


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