informal requesty for discovery pugh
DESCRIPTION
discoveryTRANSCRIPT
1
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RUTH C. ROSE, ESQ. #145887433 N. CAMDEN DRIVE, SUITE 600BEVERLY HILLS, CA. 90210(323) 458-3107Attorney for Belvin Pugh
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
THE PEOPLE OF THE STATE OF CALIFORNIA,
Plaintiff,
v.
01 BELVIN PUGH (03/08/1964),
Defendant.
))))))))))))))
Case No.: 4WA10072
INFORMAL REQUEST FORDISCOVERY PURSUANT TO CAL. PEN. CODE § 1054
TO THE DISTRICT ATTORNEY OF THE ABOVE-ENTITLED COUNTY:
NOTICE IS HEREBY GIVEN that I, attorney Ruth C. Rose presently represent
Defendant Belvin Pugh who is charged with a violation of Cal. Vehicle Code Section 23152(a).
In accordance with the provisions of Penal Code Section 1054 the Defendant Belvin Pugh
requests disclosure and production of the materials and information listed below, within 30 days
of the date of delivery of this request.
2
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MEMORANDUM OF POINTS AND AUTHORITIES
The law favorers’ disclosure in criminal proceedings
CAL. PEN. CODE § 1054 should be interpreted to give effect to all of the following
purposes:
(a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery.
(b) To save court time by requiring that discovery be conducted informally between and among
the parties before judicial enforcement is requested.
(c) To save court time in trial and avoid the necessity for frequent interruptions and
postponements.
(d) To protect victims and witnesses from danger, harassment, and undue delay of the
proceedings.
(e) To provide that no discovery shall occur in criminal cases except as provided by this chapter,
other express statutory provisions, or as mandated by the Constitution of the United States.
It is requested that the following document and or inmaformation be disclose
1. Any and all police reports, supplemental reports or the like made in conjunction with
this case.
2. Any and all pre-booking, booking, or post booking reports or supplements regarding
this defendant.
3. Any and all citations or tickets issued in this matter.
4. Any and all statements, oral, written or otherwise recorded or preserved in any
manner, attested to, signed by or not, alleged to have been made by the Defendant to any person
at any time regarding the facts or circumstances of this case.
5. Any and all names, addresses and phone numbers of any persons who may be called
to testify against Defendant at trial or any other hearing on issues related to this case.
6. Any and all statements made by any of the aforementioned witnesses, oral or
written, recorded in any manner, attested to or signed or not by them.
7. Any and all names, addresses and phone numbers of any percipient witnesses to any
aspect of the offense, investigation or analysis conducted in this case, whether favorable or
unfavorable to the defense, regardless of the prosecution's intent to call these persons as
witnesses in any hearing(s).
3
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
8. Any and all statements made by any of the aforementioned witnesses, oral or
written, recorded in any manner, attested to or signed, or not, by them.
9. Any and all audio or visual recordings of the Defendant, the scene, or any other facts
or circumstances related to the above offense however recorded and maintained.
10. Any and all criminal records allegedly relating to this Defendant.
11. Any and all criminal records of witnesses the prosecution intends to call at trial or
hearing, whether felony or misdemeanor, and the probation status, if any, of these persons or
any other relevant impeachment material of a witness.
12. Any and all other favorable or exculpatory evidence, information, and documents, in
the possession of the District Attorney , any police department, or other agency or person
available to the prosecution through due diligence.
13. Any and all tapes, printouts, or other communication from any police, fire, or other
dispatch regarding this offense.
14. Any and all recordings, printouts or other memoralizations of any point to point
communication by any person involved in this matter.
15. Any and all 911 or other calls to the police regarding this matter however recorded
or preserved. Any and all video recording that recorded the events on 11/10/2013.
NOTICE IS HEREBY GIVEN THAT THE DEFENSE REQUESTS ANY AND ALL
ORIGINAL TAPES OF COMMUNICATION REGARDING THIS EVENT BE PRESERVED
FOR INSPECTION.
16. The specific name of the State's expert who will testify as a technical supervisor and
will interpret the breath test device results.
17. A copy of the breath test device record of the Defendant.
4
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
18. Copies of all training and operation manuals or other pertinent training information
given to the breath test device operator and technical supervisor for their certification and for
meeting proficiency requirements as pursuant to California statute.
19. The basic practical and educational requirements for the Breath Test Division Staff
responsible for the maintenance and the calibration of the evidential breath alcohol test devices.
Included in this request is the identification of any and all basic training requirements and all
annual or periodic refresher-training requirements for the people responsible for the
maintenance and calibration of the evidential breath testing equipment.
20. An outline of the course work and the results of any proficiency testing performed
by the people responsible for the maintenance and the calibration of the breath alcohol device.
21. Computer-generated copies of all reports, testing logs, records, computer data, or
other memoranda, of testing performed through use of the breath test device and simulator
machines used to test Defendant herein beginning 30 days before date the Defendant was
arrested and 14 days after said date.
22. A copy of all tests, testing protocols and lab data collected by or on the behalf of the
chemical test section subsequent to the approval/selection/purchase of the breath test device.
This request includes, but is not limited to: (a) any and all testing of the accuracy, precision, and
safeguards; (b) any and all pre-installation certifications; (c) any and all in-house and/or
independent lab testing; (d) a copy of the owner's and /or user's manual for the data
acquisition/management program that the Breath Test Division is using for the tests conducted
on the breath alcohol device.
23. A listing of all databases collected from the breath alcohol device and identification
of data fields for each of the databases.
5
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
24. A listing of all codes, shorthand, messages, and/or acronyms used in the breath
alcohol device's computer data files (e.g. INV indicates mouth alcohol, RFI indicates radio
frequency interference, etc.).
25. Copies of the quality assurance plan, warranties, cautions, constraints and FCC
notices that are provided by the manufacturer of the breath alcohol device.
26. A copy of the maintenance, calibration and operators’ manuals for the breath alcohol
device and any other materials utilized in the training of the Breath Test Division Staff on the
basic calibration.
27. Copies of any and all correspondence, memos, letters, e-mails, notes, etc., either to
or from any of the Breath Test Division Staff addressing the operation and/or performance of
the breath alcohol device.
28. The written automobile inventory procedures of the law enforcement agency that
impounded and inventoried the Defendant's vehicle and the written inventory of the vehicle.
29. Copies of all California State Department of Health and the arresting agency's
internal memoranda, advisories or notices, or those sent from the manufacturers of the breath
test device and simulator of the type that were used to test the Defendant for intoxication on the
date he was arrested that generally provide information that these machines possibly suffer from
a design defect or that they may be subjected to false reading or errors due to outside
interference.
30. Production of a comprehensive summary (history) of all invalid tests or errors of the
specific breath test device that was used to test the Defendant.
6
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
31. An opportunity for defense experts to view, photographically record, and test the
breath test device and simulator machine that were used the day the Defendant was arrested to
test the Defendant for intoxication.
32. An opportunity for defense experts to view, inspect, diagram and photographically
record other electronic devices in the breath test device and simulator rooms, as well as
adjoining (side, above or below ) and nearby rooms (within approximately 100 feet) that may
emit radio frequency interference, i.e., photocopying machines, radio transmitters, microwave
oven, computer terminals, etc . This opportunity includes photocopying of instruction and
service manuals for any electrical or electronic devices located in the area. In addition, if said
service manuals are not available, the State will produce them prior to trial.
33. A detailed description of any repairs, charges, deletions, modifications, or
adjustments, made to both the simulator and breath test device used to test the defendant herein.
These productions are to include all records, computer data and memoranda of the repairs and
the reasons therefore.
34. All training manuals used by and in possession of the arresting officer in this case
for which he received his certification to perform standardized field sobriety testing. This
request for production is for the specific manual or replacement manual, which was personally
issued to the officer. This request includes any and all handouts, documents or other training
materials and notes received by the officer or taken by the officer during the field sobriety test
certification process. In the event the officer should not have this manual and materials, this
production is to include a written explanation as to their whereabouts.
35. All training manuals that are in possession of the arresting and investigating officers
who participated in this case that they received during their training and certification to operate
7
INFORMAL REQUEST FOR DISCOVERY
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the breath test device. This request is to include the original California State Department of
Health Breath Test Operator Manual or a replacement manual, which was personally issued to
the officer(s). This request also includes any handouts, documents or other training received by
the officer (s) or taken by the officer during the breath test device certification process and
proficiency process. In the event the officer(s) do not have this manual and materials, this
production is to include a written explanation as to their whereabouts.
36. Any and all studies, reports, articles, books or any other source used by any expert
witness to create, inform or otherwise influence any opinion they may render on absorption,
elimination or processing of alcohol; divided attention tasks, or field sobriety tests.
Defendants ask that this document be treated as a continuing request through the
completion of trial. Thank you in advance for your cooperation.
Dated: _____________ ________________________________Attorney Ruth C. Rose for Defendant Belvin Pugh