PITCHESS MOTIONS TODAY
By Marty Carlson
There was no morning session today, and the afternoon session that started around 1345 hrs. today session was in regard to the Steve Jacobson and Kirk Bunch Pitchess motion, where the defense is asking the judge to do a review of the personnel files to see if there’s any Brady information for any prior acts of misconduct.
Present for the County was Rob Taro, Percy Martinez was representing Frank Carson the other two defendants were not present. Noted that Marlisa Ferreira was present in the courtroom observing, along with Kirk Bunch and Steve Jacobson.
Percy Martinez requested that the court do review of the DA’s personnel files or any other agency that has records for both Kirk Bunch, and Steve Jacobson. There requesting any information in regard to Brady information or other misconduct issues showing areas of moral turpitude. Also requesting any actions of discipline by any agency any witnesses or complainants that were involved.
Judge Zuniga stepped in and says his oral argument is greatly expanded from the motion that was filed, but Percy Martinez indicated in the motion where this information is located in the motion.
Percy Martinez said there’s been a 17-month preliminary hearing that led to many accusations of improper actions by the investigators. He stated defense is entitled to moral turpitude information as soon the court to review the records. He stated County Counsel only talked in regard to the Pitchess motion, but this is a Brady decision to be done by the court.
Judge Zuniga starts quoting case law, and she states that the District Attorney’s Office has no obligation to provide information to the defense that the defense can get for themselves the defense must show good cause but, yet the burden is still not real high like it once was. She also noted that all the agencies involved need separate service and motions not just serve the District Attorney’s Office for all the others.
County Counsel Rob Taro stated there must be good cause to see the files not just accusations. These are broad motions and there are statutes protecting personnel files but still protect defendant’s due process rights.
Judge Zuniga stepped in and say there is also a five-year rule that applies. Meaning there is some type of statue limitations on it.
Rob Taro went on to say the defense is using nothing but speculation. The defense request is broad and has no merit. No basis whatsoever for the lack is showing, and says Frank Carson’s declaration is nothing but character assassination. Asking for the record of all these officers need to be stricken from the record.
Judge Zuniga noted that so far, the defense is moving papers are not getting on point, and sites more case law by the name of Serrano. The Frank Carson declaration is all speculation and opinion and inconsistent statements contained within.
Percy Martinez stated they have a transcript to provide to the court regarding more information in this matter, and went to make a copy for all involved. Then they realized they had the wrong transcript and took a break to go get it from his office. When they returned from the break they said that the transcript is not currently available is with another Attorney right now, and a defense requested another date to submit the transcript.
Rob Taro stated that he believes the case are the they are discussing involved Steve Jacobson and a defendant by the name of Ron Davis.
Judge Zuniga noted that there are problems with the motion that is filed, there needs to be a minimal showing and the defense request are so broad. She stated there is no information in the papers submitted.
So, regarding Kirk bunches pitchess motion after reading she stated again is just opinions in regard to Carmen Sabatino case. Even though there are other witnesses that said Kirk Bunch did not tell the truth.
Percy Martinez stated there has been a lot of animosity towards Frank Carson due to the Kirk bunch information and the disability requests he has made in the past.
Judge Zuniga interjected and said she is not aware of those issues and the papers filed to show an interpretation and not facts.
Percy Martinez also noted that John Paden can show misstatements that were made by Kirk Bunch in the Korey Kauffman investigation.
Judge Zuniga stated that Kirk Bunch was cross-examined in the preliminary hearing and all there is a broad spectrum in the motion filed. The judge went on to say that the defense needs to serve all the agencies involved to get these records.
The Pitchess motion for both officers is continued until January 9, 2018 at 9:00 AM.
At this point Marlisa Ferreira then made her way back to the table and judge Zuniga began to talk to her about the tables at the District Attorney’s Office is can provide for the courtroom. In addition, she’s asking about the status of the computers that are still held by the special master as in not been returned yet. She stated that Corey Brown has been sick for some time and has not being able to find out about what is going on but is back to work now and will get the information.
Judge Zuniga discussed there is a new search warrant that is signed by judgment Manukian and to get the computers because of the new special master apparently has been appointed, but apparently the name has not been added to the search warrant though it is not in effect as of yet.
Judge Zuniga said Corey Brown is to pick up the computers and delivered to Percy Martinez’s office, and the judge stated that she is gone write an order for them to be released.
There was some minor conversation that occurred after that it was all off the record and nothing of substance in court was put into recess until January 9, 2018.