PEOPLE v. S.C. (MORALES)

Real Party in Interest, Johnny Morales, Request for Judicial Notice

Cal.August 19, 2015

SUPREME COURT TLOPY FILED UPREWES 5926643 AUG 19 2015 MICHAEL J. HERSEK Frank A. McGuire Clerk State Public Defender C. DELAINE RENARD Deputy Senior Deputy State Public Defender State Bar No. 169893 1111 Broadway, Ste. 1000 Oakland, CA 94607 renard@ospd.ca.gov 510-267-3300 Attorneys for Appellant/ Real Party in Interest Johnny Morales IN THE SUPREME COURT FOR THE STATE OF CALIFORNIA ) THE PEOPLE OF THE STATE OF ) No. CALIFORNIA ) ) Petitioner, ) Court of Appeal No. ) E061754 V. ) ) Related Death THE SUPERIOR COURTOF ) Penalty Appeal CALIFORNIA, COUNTY OF ) Pending No. $137307 SAN BERNARDINO, ) ) Respondent, ) ) JOHNNY MORALES, ) ) Real Party in Interest. ) ) MOTION FOR JUDICIAL NOTICE IN SUPPORT OF PETITION FOR REVIEW TO THE HONORABLETANI CANTIL-SAKAUYE, CHIEF JUSTICE, AND TO THE HONORABLE ASSOCIATEJUSTICES OF THE SUPREME COURTOFTHE STATE OF CALIFORNIA: Defendant and appellant and real party in interest, JOHNNY MORALES,throughhis attorney, Senior Deputy State Public DefenderC. Delaine Renard, and pursuant to Evidence Code sections 452 and 459, hereby movesfor judicial notice of the following superior court orders on whichherelies in his accompanying petition for review: (1) trial court order granting postjudgment motion to preserve evidence issued on December6, 2013, in People v. Robert Ward Frazier, Contra Costa County Superior Court No. 041700-6 (while related automatic appeal pending in No. S148863); (2) trial court order granting postjudgment motion to preserve evidence issued on August 3, 2011, in People v. Robert James Acremant, Tulare County Superior Court No. 31734 (while related automatic appeal pending in No. S0110804); (3) trial court orders granting postjudgment motion to preserve evidence, issued on June 22, 2004 and October6, 2011, in People v. Larry Kusuth Hazlett, Jr., Kern County Superior Court No. BF100925A (while related automatic appeal pending in No. $126387); (4) trial court order granting postjudgment motion to preserve evidence issued on November 7, 2014, in People v. Carlos Marvin Argueta, Los' Angeles County Superior Court No. BA261252, (while related automatic appeal pending in No. $150524); (5) trial court order granting postjudgment motion to preserve evidence issued on June 22, 2012, in People v. Louis Mitchell, Jr., San Bernardino County Superior Court No. FSB051580 (while related automatic appeal pending in No. $147335); Copiesof these orders are attached herein as Exhibit A. Appellate counsel’s declaration attesting to the authenticity of the ordersis attached herein as Exhibit B. Evidence Codesection 452 provides in relevantpart that judicial notice may betaken ofthe (c) “Official acts of the . . . judicial departments. .. of any state...” and “(d) Recordsof (1) any court of this state... .” Evidence Code section 459 providesin relevant part: “(a) .. . the reviewing court may take judicial notice of any matter specified in section 452... .” The foregoing court records are thus proper subjects of judicial notice under these provisions. Moreover, the accompanying petition for review doesnot cite the foregoing orders for an improper purpose, suchas for legal precedentor the truth of any factual findings reflected therein. (See Cal. Rules of Court, rule 8.1115; Evid. Code, § 1200.) Rather, he cites the orders for the appropriate purpose of showing their existence, or the facts that the superior courts issued those orders. (See, e.g., People v. Hill (1998) 17 Cal.4th 800, 847-848 & fn. 9 [appropriate to take judicial notice of unpublished opinions in unrelated cases for purpose of recognizing existence offacts reflected therein]; People v. Woodell (1998) 17 Cal.4th 448, 455 [evidence code oespermits taking judicial notice of the ““‘existence of judicial opinions, court documents . . . orders, statements of decision, and judgments,’” but not for truth of the hearsay statements containedtherein].) Asset forth in the accompanyingpetition for review of the appellate court’s published decision in People v. Superior Court (Morales) (2015) ___Cal.App.4th ___, 2015 DJDAR 8792),thetrial courtin this capital case granted Morales’s motion, brought after the trial court imposed his death judgmentand while that judgment was (and remains) pending on appeal before this Court, to preserve evidence potentially relevant to habeas corpus investigation, in anticipation of the appointment of capital habeas corpus counsel. The People filed in the Court of Appeal for the Fourth Appellate District, Division Two,a petition for a writ of mandamusto vacate thetrial court’s evidence preservation order for lack of subject matter jurisdiction. In its published opinion, the appellate court granted the People’s petition for writ of mandamus. Morales seeks review of that opinion for a numberof reasons, including that the appellate court’s opinion is inconsistent with well-settled prerequisites for mandamusrelief. As the petitioner seeking mandamus relief, the People bore the burden of establishing that the trial court had a “clear, present... duty” (People v. Picklesimer (2010) 48 Cal.4th 330, 340; Code Civ. Proc., § 1085) — or put another way,that there was a “clear case to compel”the trial court (Perrin v. Honeycutt (1904) 144 Cal. 87, 90; accord, 300 DeHaroStreet Investors v. Dept. ofHousing and Community Development(2008) 161 Cal.App.4th 1240, 1255) — to deny Morales’s motion for lack of subject matter jurisdiction. (California Correctional Peace Officers Assn. y. State Personnel Bd. (1995) 10 Cal.4th 1133, 1153-1155 [petitioner bears burden of pleading and proof on mandamus].) Asset forth in detail in the accompanyingpetition, the appellate court’s published opinion violates these principles because there is no “clear” rule of current law that categorically prohibits trial courts from granting any andall such motionsfor lack of subject matter jurisdiction. The facts reflected by the noticeable court orders thattrial courts in several other counties have granted such motions and issued evidence preservation orders in the same procedural posture in whichthetrial court granted the motion in this case demonstrates the absence of any “clear” rule prohibiting them from doing so. Hence, because the attached court orders are the proper subject of judicial notice under the Evidence Code andare cited for appropriate purposesrelevantto a significant issue raised in the accompanyingpetition for review, this Court should take judicial notice of them in determining whether to grant review. Dated: August 18, 2015 Respectfully submitted, MICHAELJ. HERSEK State Public Defender C. DELAINE RENA Senior Deputy State Public Defender Attorneys for Appellant/Real Party in Interest Johnny Morales ) THE PEOPLE OF THE STATE OF ) No. CALIFORNIA ) ) Petitioner, ) Court of Appeal No. ) 061754 V. ) ) Related Death THE SUPERIOR COURT OF ) Penalty Appeal CALIFORNIA, COUNTY OF ) Pending No. $137307 SAN BERNARDINO, ) ) Respondent, ) ) JOHNNY MORALES, ) ) Real Party in Interest. ) ) DECLARATION OF SENIOR DEPUTY STATE PUBLIC DEFENDER C. DELAINE RENARD IN SUPPORT OF MOTION FOR JUDICIAL NOTICE I, C. Delaine Renard, declare: 1. I am an attorney licensed to practice law in the State of California am employed by the State Public Defenderas a Senior Deputy State Public Defender. The State Public Defender has been appointed to represent Johnny Morales on his automatic appeal pending before this Court. I have been assigned as his counsel on appeal, as well as on the related mandamus proceedings before the appellate court andtheresulting petition for review that accompaniesthis motion. 2. The State Public Defenderis also appointed counsel for the defendantsin all of the cases that resulted in the evidence preservation orders that are the subject of the instant motion for judicial notice. { Therefore, I obtained copies of those orders as part of the records regularly maintained by myoffice. 3. Exhibit A contains true and correct copies of those orders. I declare under penalty of perjury that the foregoingis trye and correct and that this declaration was signed onAaguct16013 in Oakland, California. C. Delaine Renard EXHIBIT A O o Co O Y N D O A & ® W Y Y O e K N Y N Y N Y N Y N Y N Y N Y N Y N K e R e e e e B e e e e e O e R e o n D n n H f F W D N Y K F C O W O W N D A N H B W H P N F R O O S.Nas hk SUPER reCame: LLERE OF THE Ey . QT APE TNE Stare ar IN AND FOR THE COUNTY OF CONTRA COSTA Superior Ct. No. 041700-6 THE PEOPLE OF THE STATE OF CALIFORNIA, (California Supreme Court Plaintiff and Respondent, No. S148863 ORDER TO PRESERVE v. EVIDENCE PENDING AUTOMATIC APPEAL AND RELATED POST ROBERT WARD FRAZIER CONVICTION PROCEEDINGS Defendant and Appellant. IT IS THE ORDER OF THIS COURT: That the Contra Costa County District Attorney, the Contra Costa County Sheriff- Coroner, the Contra Costa County Sheriff's Office, the Contra Costa County Probation Department, the Contra Costa County Behavioral Health Services, the Contra Costa County Information Technology Department, the Contra Costa County Jury Commissioner,the Contra Costa County Sheriff’s Criminalistic Laboratory, the City of Concord Police Department, Contra Costa County Custody Services, California Department of Corrections, the Attorney General of California, and their present and former employees, agents, and representatives, preserve files, records, evidence and otherrelated itemslisted herein pending resolution of this automatic appealand all related postconvictionlitigation. Specifically, the above namedparties are orderedto preserve all files, records, evidence and anyother itemspertaining to the prosecutionof this case andrelating to the investigation of the death of Kathleen Luise Loreck, also known as Kathleen Aiello Loreck, that occurred on May13, 2003,in the city of Concord, as well as offenses alleged as other- crimes evidence andas aggravating factors during the guilt and penalty phases of appellant’s trial, including, but not limitedto, the following: c o C O S N D O A R R R DR ! L O R N y N Y N Y N Y N O R R e e e e i e a e p e p F P W w N Y F P C O O O w o H I D H N H FP F W H Y H K F C O a. All records, documents, and exhibits, including the reporter’s transcript notes of proceedings whichpertain to appellant, Robert Ward Frazier, and People v. Robert Ward Frazier (Contra Costa County Superior Court Case No. 041700-6), including confidential 987.9 and 987.2 records; b. All items admitted into evidence, or offered into evidence but excluded or withdrawnin this case, whetheratthetrial or anypretrial proceeding, whether such items were physical, demonstrative,illustrative, written, tape recorded, videotaped, photographed,or of some other type; and whether in possession of the Contra Costa County Superior Court, the Contra Costa County District Attorney’s Office, or any other law enforcement agency, including, but notlimited to the Contra Costa County Sheriff's Office, the City of Concord Police Department, and the Contra Costa County Criminalistic Laboratory; Cc. All prosecutorial and law enforcementreports, notes, tape recordings, or other memorializationsof fruits of law enforcementinvestigation or witness interviews,all scientific and forensic reports or notes and underlying documentation (including,but not limited to, DNA analysis, laboratory notebooks, bench notes, computerprintouts, or other recordings of raw data, in whatever media), all photographsandnegatives, dog tracking evidence, andall other items that are in any wayrelated to this capital case and thatare in the possessionof anyofthe city, county, or state governmentalagenciesorofficials named above, or their agents or employees, whether in possession of the Contra Costa County Superior Court, Contra Costa County District Attorney’s Office, or any other law enforcement agency, including, but not limited to the Contra Costa County Sheriff's Office, the City of Concord Police Department, and the Contra Costa County Criminalistic Laboratory, including private individuals or institutions retained to render services in connection with this capital case; d. All biological material gatheredin this case, or pertainingto this case, including all evidence containing biological material subject to preservation under Penal Code section 1417.1 [preservation of exhibits] and section 1417.9 [preservation of O o O o N N H D N H F& F H D Y Y Y N M Y N Y N N B Y Y M P Y Y Y N O R P R R m e H e S e o e e S L e y p O o N D n N F F B D NH N F H O D OD O D A D N B R W H B H F P O C biological material], whetherin possessionof the Contra Costa County Superior Court, Contra Costa County District Attorney’s Office, or any other law enforcementagency, including, but not limited to the Contra Costa County Sheriff's Office, the City of Concord Police Department, and the Contra Costa County Criminalistic Laboratory, including private individuals orinstitutions retained to renderservicesin connection with this capital case, or any other County agency subjectto this order. The above namedparties are further ordered to store this evidence underconditions to prevent degradation, specifically that this biological material be stored under dry conditions in a freezer. e. All custodial records relating to appellant, including housing records, classification records,disciplinary records,jail visiting logs and records, records of any medical and/or psychiatric treatment or evaluation occurring during appellant’s incarceration, and any audiotapes, videotapes, and any other records pertaining to appellant in possessionof anycustodial agency involvedin this case, including, but not limited to the Contra Costa County Sheriff's Office, the City of Concord Police Department, Contra Costa County Custody Services, the Martinez Detention Facility, and the California Department of Corrections; f. All writings or other recordsrelating to the decision by the Contra Costa County District Attorney’s Office to seek the death penalty in People v. Robert Ward Frazier (Superior Court Case No. 041700-6), including,but not limitedto all policy manuals, regulations, guidelines, policy statements, internal memoranda and otherwritings which have beenrelied upon or promulgated by the Contra Costa County District Attorney’s Office pertaining to the procedure by which a decision is made as to whetherto charge special circumstances and/or seek the death penalty, and any andall documents, writings, records, memoranda,ornotesrelating to the decision to allege special circumstancesand to seek the death penalty in this capital case as of the date the decision was made in 2004; g. [omitted]; h. All records or documents maintainedorcontrolled by the Contra Costa O o C O Y N D B A H F& F W H N O N Y N Y W Y N H N Y Y Y N Y N Y N O R P e B B e e e m e E e E e p o y o r t n w F H N n F P D S O m M N I D A H P F B N F S S S County Jury Commissionerpertaining to the selection of the venire or any other matter involving the case of People v. Robert Ward Frazier (Superior Court Case No. 041700-6). Anyrecords, manuals, standard operating procedures, or other documents maintained or controlled by the Contra Costa County Jury Commissionerinvolving procedures and practicesregarding the selection of jury venires, including county-wide jury venires, which were in effect in the years 2003-2005; i. Alljail records and/or the complete jail packet, which includes any “writings” (as defined in Gov. Code § 6252, subd. (g)) which pertain to appellant Robert Ward Frazier (DOB: 07/06/64) that are in the possession or control of the Contra Costa County Sheriff's Office, the City of Concord Police Department, the Contra Costa County Custody Services, and the Martinez Detention Facility; j. All records maintained or controlled by the Contra Costa County Contra Costa Health Services which pertain to appellant Robert Ward Frazier (DOB: 07/06/64); k. All records maintained or controlled by the Contra Costa County Probation Department which pertain to appellant Robert Ward Frazier (DOB: 07/06/64); L. All materials controlled or maintained by the Contra Costa County Sheriff- Coroner’s Department(or any private contractor personnel) pertaining to the investigation and autopsy of the death of Kathleen Luise Loreck, also known as Kathleen Aiello Loreck, on or about May, 13, 2003; m. All records, documents,exhibits, investigative reports, and jail records relating to prior investigations or prosecutions of appellant Robert Ward Frazier (DOB: 07/06/64), whether occurring in California, or including but notlimited to, those pertaining to the followingState of Illinois cases: People of the State ofIllinois v. Robert Frazier, case number 85-CF-748; People of the State ofIllinois v. Robert Frazier, case number 86- CF-57; People of the State of[llinois v. Robert Frazier, case number 91C5-5059801; Peopleofthe State ofIllinois v. Robert Frazier, case number 91C5-50598; whether in possession or control of the Contra Costa County Superior Court, the Contra Costa County District Attorney’s Office, or any other law enforcementagency, including, but not limited O o O e N N D H m H F F W D Y Y B e N Y N Y W Y N Y N Y N Y N Y Y N DY N B e B e e B e B H e Y e w e B D Y e Y L a N D M N F F H H Y N F P O G O D w M I D H A B R D O H P B O to the Contra Costa County Sheriff's Office or the City of Concord Police Department; n. All criminalfiles relatingto witnesses appearing in this case including the following people: Gerald Merz, Diane Amodia, Gregory Smyers, Harry AngusJr., Agripina Wartham, Zachary Fitzsimmons-Wright, Michael Lussier, Walter Backes, Margie Jacobson, Margie Kyle, Debra Gardner, Bryan Schmidt, Marie Zabbo, Bryan Gomez, Shawn Stelman, Gerald Braswell, Jaonnes Loreck, Heinz Loreck, Eduardo Gonzales Mendez, Rita Ann Bomher(also knownas Rita AnnPrice), Linda Van Dyck (also known as Linda Sagel Chasteen), Anthony Farrell, Tracy Lynn Murray, Richard Randall Sutton, David Hartman; 0. All California Department of Corrections records regarding Robert Ward Frazier, whether in possession of the Department of Corrections, Contra Costa County Custody Services, and/or the Martinez Detention Facility; p. All hospital records or other records regarding medical treatment rendered to Kathleen Luise Loreck, also known as Kathleen Aiello Loreck (DOB:08/09/53), whether in possession of, including, but not limited to, American Medical Response, and/or John Muir Hospital on or about May 13, 2003. | This order for preservation by this Court remains in effect until either: (1) thirty days after executionof sentence, or (2) non-preservation of such items or materials is approved by a court of competentjurisdiction, after at least ninety (90) days written notice of any intention to destroy or allow destruction of such evidence has been given to appellant, appellant’s counsel, the Contra Costa County District Attorney, and the Attorney General of California. H HM — N M N Y Y P N Y N Y N N N N B B e e e p S D P p e n Y e Y L o r y D H F F B w Y N F P S G w o e w e r a A A R O H N B S Co O N D A H B® WY B w The agencies namedin appellant’s motion to preserve are directed to inform the Court and appellant’s counsel whether any ofthe items or materials mentioned in the previousordersof the Court or aboveare in the possession of any other governmental unit, entity, official, employee or former employee, private individual, and are furtherdirected to inform the Court and appellant’s counsel whether any of such material has been destroyed. SO ORDERED. Dated: / 7)G/ J# pac brtsaces Joun“.C. MINNEY JUDGE OF THE ¥omeoe COURT O o C o D Y DB D N H & W L Y 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE PUBLIC DEFENDER OFFICE COPY TULARECOUNTYSIPERIOR COURT© MISADIVISION Aug 03 2001 | LARAYNE CLEEK, CLERK BtAngelaRulz— IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF TULARE PEOPLE OF THE STATE OF CALIFORNIA, Tulare Co. Superior Plaintiff and Appellee, Court No. 31734 Vv. Supreme Court No. 80110804 ROBERT JAMES ACREMANT, (PROPOSED) ORDER Defendant and Appellant. ) PRESERVING EVIDENCE _) Good cause appearing, IT IS HEREBY ORDEREDthat Appellant’s Motion to Preserve Evidence is GRANTED. Thefollowing evidence shall be preserved until thirty (30) days following the final conclusion ofthis case, whether after a new trial or through execution of the judgment. This order applies to the following agencies: the Tulare County District Attorney, the Visalia Police Department, the Tulare County Sheriff's Office, the Tulare County Superior Court, the Tulare County Coroner, the California Department of Justice crime labs, the Tulare County Jury Commissioner, the Attorney General of California, the Tulare County Jail, and their present and former employees, agents, and representatives including private individuals or institutions retained to render services in connection withthis case. These itemsare ordered preserved: A. All items admitted into evidence, or offered into evidence but excluded in these cases, whetherat thetrial or any pretrial proceeding, and whether such items were | . PROPOSED ORDER PRESERVING EVIDENCE e i n n e e e e n e R A R S a l n e — o O f o N D U O FS F W W L H N o B O R e e t P B S R S S C e R a a a n a s 26 27 28 physical, demonstrative, illustrative, written, tape recorded, videotaped, photographed, or of some othertype; B. All prosecutorial and law enforcement reports, notes, tape recordings, or other memorializations of fruits of law enforcement investigation or witness interviews,all scientific and forensic reports or notes and underlying documentation (including, but not limited to, laboratory notebooks, bench notes, computer printouts, or other recordings of raw data, in whatever media), all photographs and negatives, and all other items of evidence that are related to this capital case in any way and thatare in the possession of any of the state or county governmental agenciesorofficials or their agents or employees, named above; C. All custodial records relating to appellant, including housing records, classification records, disciplinary records, jail visiting logs and records, records of any medical and/or psychiatric treatment or evaluation occurring during appellant’s incarceration at the Tulare County jail, and any audiotapes, videotapes, and any other records pertaining to appellant; D. All notes taken by each and every court reporterin this case; E, Any andall records or documents maintained or controlled by the Tulare County Jury Commissionerpertaining to the selection of the venire or any other jury matter involving the case ofPeople v. Robert J. Acremant. Any records, manuals, standard operating procedures, or other documents maintained or controlled by the Tulare County Jury Commissioner involving procedures and practices regarding the selection ofjury venires, including county-wide jury venires, which werein effect in 2002; F, Any andall records maintained or controlled by the Tulare County Probation Departmentor the Tulare County Department ofMental Health Services relating to Robert J. Acremant; G. Any-andall materials controlled or maintained by the Tulare County Coroner’s Office, relating to the investigation of the death and autopsy performedin connection with this case. This includesanyprivate entities or medical professionals 2 PROPOSED ORDER PRESERVING EVIDENCE — O o O o H N DB D A W F F W Y L Y N b w b b WH O N Y K N H N W V N O = | = e R e O e ES E E S l l l o o N D O O N B R W H N Y K § O D O o O H DB D AH A F F W D N Y | O& O involved in the autopsyin this case; H. Any andall records maintained or controlled by any county orstate DepartmentofJustice crime lab, or any private contractor therewith,relating to the investigation ofthis case. This order shall also be served upon the Jackson County, Oregon District Attorney and Jackson County, Oregon Sheriff's Department. This Court requests that these agencies voluntarily comply with this preservation order with respect to the evidencein their possession concerning State ofOregon v. Robert Acremant, Jackson County Circuit Court No. 95-5133-C-3. We, pune &/ OY DATED: ete “Ged A E Judge of the Superior Court 3 PROPOSED ORDER PRESERVING EVIDENCE DECLARATION OF SERVICE Re: People v. Robert James Acremant No. 80110804 No. VCF 31734 I, GLENICE D. FULLER,declare that I am over 18 years of age, and nota party to the within cause; my business address is 221 Main St., 10th Floor, San Francisco, California 94105; that I served a copy ofthe attached: (PROPOSED) ORDER PRESERVING EVIDENCE on each ofthe following, by placing same in an envelope (or envelopes) addressed respectively as follows: Justain Riley Deputy Attorney General P.O. Box 944255 Sacramento, CA 94424 Robert James Acremant Oregon State Prison #11731803 2605 State Prison Salem, OR 97310 Each said envelope wasthen, on July 28, 2011, sealed and deposited in the United States mail at San Francisco, California, the county in which I am employed, with the postage thereon fully prepaid. I declare under penalty that the foregoingis true and correct. Signed July 28, 2011, at San Francisco, California. DECLARANT. { O o C O D T D H n A & W D P O = B R O N e e e e a e a e a n y = S F 0 W O D Y D H W H B B Ww W H B Y H G S 1317 MARK A. ARNOLD, SBN 81485 Public Defender FILED 1315 Truxtun Avenue KERN COUNTY Bakersfield, California (661) 868-4757 JUN 22 2004 James E. Coker S.B. No. 105563 TERRY McNALLY, CLERK Dale L. Armitage - BY MaasLtDEPUTY S.B. No. 177451 Attomeys for Defendant SUPERIOR COURT OF CALIFORNIA COUNTY OF KERN, METROPOLITAN DIVISION PEOPLE OF THE STATE OF CALIFORNIA, ) ; ) BF100925A )Plaintiff, ) ORDER TO PRESERVE ) EVIDENCE ) vs. ) )LARRY KUSUTH HAZLETT IR., ) ) IT IS THE ORDER OF THIS COURT: That the Kern County District Attomey, the Kem County Courts and the Kem County Public Defender andall trial counsel and their present and former employees, agents, and representatives, preserve evidence, exhibits, files, and all related items listed herein which are in their Possession, pending resolution of the automatic appeal and possible related state and federal habeas corpus proceedings arising from the judgmentofdeath imposedin this matter. Specifically, the above named parties are ordered to preserve: All evidence,exhibits, files, and other items relating to the superior court proceedingsin this case. Asused in this order, the terms“evidence, exhibits, files, and other items” include, but are not limited to,all of the following: a. All items admitted into evidenceattrial, whether they be physical, demonstrative, illustrative, written, tape recorded, videotaped, photographed, or otherwise; Motion to Preserve Evidence 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 1318 b. All items offered but excluded from evidence at trial, whether soughtto be introduced by the prosecution or the defense; c. All notes taken by each and every court reporter in this case ; This Court’s order for preservation of the foregoing materials remains in effect until non- preservation ofsuch items or materials is approvedby a court of competentjurisdiction, after at least ninety (90) days written notice of any intention to destroy or allow determination of such evidence has been given to appellant, his counsel, the Kem County District Attomey, and the Attorney General of | California. All- persons havingcustodyofthe materials specified inthis motion shall permit appellant’s counsel or his-representative to have reasonable access to the items andmaterials for inspection and, : following reasonablenotice to and opportunity to file objectionsby the Attorney General ofCalifornia, release said items for testing by defense. experts. The People are directed to inform the Court and appeilant’s counsel whether any ofthe itemsor materials mentioned aboveare in the possession of any other governmental unit, entity, official, | employee or former employee and are further directed to inform the Court and appellant’s counsel whether any of such material has been destroyed. SO ORDERED.cues LAlo Motionto Preserve Evidence — a o N D U N F P W Y N Y KS K| & C G OB O O N D K H N H F P W Y Y Y K O C O o CO C N N K H U A — & W W W Y FILED SUPERIOR COURT, METROPOLITAN DIMSION | COUNTY OF KERN ; act -6 20H, 4 TERRY McNALLY, CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF KERN | Kern County Superior Court PEOPLE OF THE STATE OF CALIFORNIA, |. No. BF100925A Plaintiff and Respondent, (California Supreme Court v. | | | No. $126387) _ LARRY KUSUTH HAZLETT,JR... | Defendant and Appellant. ORDER TO PRESERVE EVIDENCE PENDING AUTOMATIC APPEAL AND RELATED POSTCONVICTION PROCEEDINGS IT IS THE ORDER OF THIS COURT: The Kern County Sheriff's Department, the Kern County Coroner,Kern County Foresensic Science Division (Regional Criminalistics Laboratory), the Kern County Superior Court, the Attorney General of California, and their present and former employees, agents, and representatives, preserve all evidence, exhibits, files, and related itemslisted herein which are in their possession, pendingresolution of the automatic appeal and related habeas corpus proceedingsarising from the judgmentof death imposed in this matter. . Specifically, the above named parties are ordered to preserve all evidence, exhibits, — & Ww W N N m o N N Y N Y N Y N Y N Y N Y N O K F F Y K F F P K F T F F e e l Oo W A AW ek O W N KF o C Oo wm TI D H FF YW K H KF OC oO o we a n N D H W N files, and any other items relating to the prosecution ofthis case (Kern County Superior Court,oase.f umberNo,BF 100925A) and/orrelating to the investigation ofthe death of Tana Woolley,tnduding, but notlimited to, the following: a “All ptosecutorial and law enforcementreports, notes, tape recordings, or sfdinfruits of law enforcementinvestigation or witness interviews,all - scientific and forensic reports or notes and underlying documentation (including, but not limited to, laboratory notebooks, bench notes, computer printouts, or other recordings of raw data, in whatever media), all photographs and negatives,all materials relating to past convictions or reports of bad acts of appellant that were obtained during the investigation of this case, andall other items of evidence that are in any way relatedto this capital case andthat are in the possession ofany ofthe state or county governmental agenciesor officials named aboveortheir agents or employees, including private individuals or institutions retained to render services in connection with this case. b. Any andall materials controlled or maintained by the Kern County Coroner’s Office relating to the investigation and autopsy of the death of Tana Woolley on or about October 24, 1978.. C. All Kern County custodial recordsrelating to appellant, including housing records; classification records, disciplinary records, jail visiting logs and records, records of any medical and/or psychiatric treatment or evaluation occurring during appellant’s incarceration, audiotapes, videotapes, and any other recordspertaining to appellant; This Court further orders thatall biologicalmaterial gathered in this case, including all evidence containing biological material subject to preservation under Penal Code section 1417. 1 [preservation of exhibits] and section 1417.9 [preservation of biological material] be stored under dry conditions in a freezer to prevent further degradation. This order does not supercedeorlimit the Order to Preserve Evidence filed by the Court on June 22, 2004. S o O o N D A W & Y W H N m m p e — - 63 S 13 14 15 16 17 18 19 20 21 22 23 24 25 Ht. 26 27 28 This Court’s order for preservation of the foregoing materials remainsin effect until either (1) thirty days after execution of sentence, or (2) non-preservation of such items or materials is approved by a court of competentjurisdiction,afterat least ninety (90) days: written notice of any intention to destroy or allow destruction of such evidence has been given to appellant, appellant’s counsel, the Kern County District Attorney, and the Attorney General of California. The People are directed to inform the Court and appellant’s counsel whether any of the items or materials mentioned aboveare in the possession of any other governmental’ unit, entity, official, employee or former employee andare further directed to inform the Court and appellant’s counsel whether any of such material has been destroyed. SO ORDERED. Dated: OCT 0°g 201 MIGHAEL G, BUSH MICHAEL G. BUSH JUDGE OF THE SUPERIOR COURT FEB-@9-2@15 11:45 From: 3164528712 To: 12136335152 Pase:2o’6 C e co SW DN A COPY AMED COPY CONOAL FILED nia Suparior Court of Ca itor unty at Los Ang ales Noy 07 2014 (Clerk | Carter, Exec WeeiR Sherr A ¢ A Deputy By nnie Montero IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES PEOPLE OF THE STATE OF CALIFORNIA, Los Angeles County Sup. Ct. No. Plaintiff and Respondent, BA261252 v. (Cal. Supreme Ct. No. $150524) CARLOS MARVIN ARGUETA, ORDER TO PRESERVE EVIDENCE Defendant and Appellant. GOOD CAUSE BEING SHOWN,it is the order of the Court: That the Los Angeles County District Attorney, the Los Angeles Police Department, the Los Angeles County Sheriff's Office, the Los Angeles County Superior Court, the Los Angeles County Probation Department, the Los Angeles County Coroner, the Los Angeles County Jury Commissioner, the California Departmentof Justice, and their present and former employees, agents, representatives, and counsel to preserveall evidence, exhibits, files, and other related itemslisted herein pending resolution ofthis automatic appeal andall related habeas corpus proceedings. By his motion appellant has requested preservationofall evidence, exhibits,files, Order ta Preserve Evidence 1 FEB-@9-2@15 11:45 From: 3184528712 o u FP F M u D R C T S F D W Y e y Y S M N O N N R R O e m m m O O ew fF © HN FF FS BU e B e A W A A R a A E D E F S 27 28 To: 12136335152 Page:3’6 and anyother itemsrelating to the prosecution ofthis case! and/orrelating to the investigation of the deaths of Jorge Lua and Gregory Gabriel, including all such items related to the prosecution of co-defendant Enrique Gonzalez, aka Enrique Heredia, and including but not limited to the following: a. All items admitted into evidence,or offered into evidence but excludedin this case, whetherat the trial or any pretrial proceeding, and whether sugh items were physical, demonstrative,illustrative, written, tape recorded, videotaped, photographed, or of some other type, including confidential Penal Code section 987.9 and 987.2 records, and includingall evidence admitted, or offered into evidence but excluded,in the separate trial of co-defendant Enrique Gonzalez; b. All notes taken by each and every court reporter in this case, including at the trial of co-defendant Enrique Gonzalez; c. All prosecutorial and law enforcementreports, notes, tape recordings, or other memorializations of fruits of law enforcementinvestigation or witness interviews, all scientific and forensic reports or notes and underlying documentation(including, but not limited to, reports of the Scientific Investigations Division of the Los Angeles Police Department, laboratory notebooks, bench notes, computerprintouts, or other recordings of raw data, in whatever media), all photographs and negatives, and all other items of evidence that are related to this case in any wayandthatare in the possession of any of the agencies orofficials named aboveor their agents or employees,including private individuals or institutions retained to render services in connection with this case (Investigation Nos. 04-1200520, 04-1207882); d. All custodial records in possession of the Los Angeles County Sheriff’ s Department,relating to appellant (Argueta, Jr., Carlos Marvin, DOB May 5, 1985, CII A25212973, Booking No. 8029375, Los Angeles County Criminal History Attached) including housing records,classification records,disciplinary records,jail visiting logs ' Even where not expressly stated, ‘this case,” as used in this order, includes the investigation, prosecution andtrial of co-defendant Enrique Gonzalez. NOrder to Preserve Evidence FEB-@9-2015 11:45 From: 51845¢c8712 Ta: 12136335152 Page:4/6 1 and records, records of any medical and/or psychiatric treatmentor evaluation occurring 2|| during appeilant’s incarceration in this case, and any audiotapes, videotapes, and any other 3 records pertainingto appellant, and all such recordsrelating to co-defendant Enrique Gonzalez (Gonzalez, Enrique, DOB May10, 1985. CTY A21497744, Booking No. 8029494, aka Heredia, Enrique, Los Angeles County Criminal History Attached); e. All writings or other recordsrelating to the decision by the Los Angeles County District Attorney’s Office to seek the death penalty in this case, including, but not limited to, all policy manuals, regulations, guidelines, policy statements, internal memoranda and o O «O o SY N D A r e F f other writings which have beenrelied upon or promulgated by the Los Angeles County 10 District Attorney’s Office pertaining to the procedure by which a decision is made as to 11] whether to charge special circumstances and/or seek the death penalty, and any andall 12 documents, writings, records, memoranda, or notes relating to the decision to allege 13 special circumstances and to seek the death penalty in this case; 14 f, Any andall records or documents maintained or controlled by the Los Angeles 15 County Jury Commissioner pertaining to the selection of the venire or any other jury 16|| matter involving this case and any records, manuals, standard operating procedures, or 17 other documents maintained or controlled by the Los Angeles County Jury Commissioner 18|| involving procedures and practices regarding the selection of jury venires, including 19 county-wide jury venires, which werein effect in 2006; 30 | g, Any and all records maintained or controlled by the Los Angeles County 21|| Probation Departmentrelating to appellant; 22 h. Anyand all records maintained or controlled by the Los Angeles County 23 Probation Departmentrelating to co-defendant Gonzalez; 24 i. Any andall materials controlled or maintained by the Los Angeles County 45 Coroner’s Office, relating to the investigation of the death and autopsy of Jorge Lua and 26 Gregory Gabriel (Coroner Nos. 04-01311, 04-01340); 07 j. All records, documents, exhibits, investigative reports, and jail recordsrelating 28 to prior investigations or prosecutionsof appellant, including: Order to Preserve Evidence 3 FEB-@9-2615 11:45 From: 5104528712 To: 12136335152 PaaeiS’6 i l, January 15, 2004, arrest for violation of Penal Code section 2 496(a); and . 3 2. Los Angeles County Superior Court No. LAXSA05128902, violation 4 of Penal Code Section 12020(a)(1). 5 k. All records, documents, exhibits, investigative reports, and jail records 6|| relating to prior investigations or prosecutions of co-defendant Gonzalez, including: 7 L. Los Angeles County Superior Court No, LACBA25560201, 8 conviction for possession for sale. 9 |. Any information that is possessed by the Los Angeles County Sheriff's 10 || Department or the Los Angeles Police Departmentrelating to appellant and any alleged 11) gang activity involving “T.C.A.” or “A.C.T.”for the period January 1, 2002 to January 1, 12|| 2007; 13}, . —-m. All arrest reports, field interview or interrogation cards, criminal casefiles, 14 || declination forms, card files or other documents relating to the detention, investigation or 15 |] prosecution for the period January 1, 2002 to January 1, 2007 ofthe following individuals 16 who testified as witnesses in this case: 17 Francisco Amezcua - DOB February 25, 1982, SSN 570-89-6968, LNA (Last 18|} Known Address) 235 E. 84th Place, Los Angeles, CA 90003: 19 Roberto Carillo - (aka Roberto Carrillo) DOB November3, 1984, SSN 551-89- 20 || 0653, LNA 2621 S. Curson Avenue, Los Angeles, CA 90016; 21 Rene Jimenez - DOB March 22, 1977 (CLETS History Attached); 22 Jesus Molina- DOB April 17, 1980, SSN566-61-0298, LNA 2621 S. Curson 23 || Avenue, Los Angeles, CA 90016; Orange County Superior Court No. 03CM06846: San 24|| Bernardino Superior Court No. 1378152JM; 25 Carlos Zepeda (Jr.) - DOB December 9, 1980, (Los Angeles County Criminal 26 }History attached). 7 This order for preservation remain in effect until either: (1) thirty (30) days after 28 || execution of the death sentence, or (2) non-preservation of such items or materials is Order to Preserve Evidence 4 FEB-@9-e@15 11:45 Fram: i A B F Ww W P B G o o e R O N 10 Ll 12 13 {4 15 16 17 18 19 20 21 22 23 25 26 27 28 3194528712 To: 12136335152 Fage:676 approved by a court of competentjurisdiction after at least ninety (90) days written notice of any intention to destroy or allow destruction of such evidence has been given to appellant, his counsel, the Los Angeles County District Attomey, and the Attorney Generalof California, The above-namedagencies are further ordered to disclose to appellant whether any of the items or materials mentioned aboveare in the possession of any other governmental unit, entity, official, employee or former employee and/or whetherany ofsaid items or materials have been destroyed. SO ORDERED, Dated: | \-\4 » 2014 ” Order to Preserve Evidence 06/21/2012 14:36 FAX 4159045633 STATE PUBLIC DEFENDER fg}003 t o t e W w a ) o O C o “ I N W SAN BERNARGANS avi Qn IN THE SUPERIOR COURT OF THE STATE OF CALIFORNI} 292012 IN AND FOR THE COUNTY OF SAN BERNARDINO BY : ~Y ) Superior Ct. StasDEPUTY THE PEOPLE O! THE STATE OF CALIFORNIA, (California Supreme Court Plaintiff and Respondent, No. 8147335 ORDER TO PRESERVE ve | EVIDENCE PENDING AUTOMATIC APPEAL AND RELATED LOUIS MITCHELL,JR., POST CONVICTION PROCEEDINGS Defendant and Appellant. e e IT IS THE ORDER OF THIS COURT: That the Sun Bernardino County District Attorney, the San Bernardino County Sheriff-Coroner, (he Colton City Police Department, the San Bernardino Police Department (including the San Bernardino Police Department Crime Lab), the San Bernardino County Sheriff's Department(including the San Bernardino County Sheriff's Scientific Investigations Division), the San Bernardino County Probation Department, the San Bernardino County Department of Behavioral Health, the San Bernardino County Superior Court, the San 3emardino County Jury Commissioner, the San Bernardino County Information Services Department, the San Bernardino County Jail, West Valley Detention Center, California Department of Corrections, Arrowhead Regional Medical Center, Loma Linda University Medical Center, the Attorney General of California, and their present and former employees, agents, and representatives preserveall files, records, evidence and related items listed herein which are in their possession, pending resolution of the automatic appeal and related post convictionlitigation arising from the judgment of death imposed in this matter. Specificully, the above named parties are ordered to preserveall files, records, evidence and any other items relating to the prosecution ofthis capital case pertainingto Order To Preserve Evitiunce 744 ED OFSALIEORNIA HRN” 06/21/2012 14:37 FAX 4159045633 STATE PUBLIC DEFENDER ood — C o 0 w o s a DB D n H FS F Y W W w N w t N i ) — — — — _ — — _ _ — _ — — N N = o O o O C o H N H H A w w W N — _ 23 the investigation of the deaths of Patrick Mawikere, Mario Lopez and Susano Torres, and the attempted murdersof Jerry Payan, Juan Marcello Bizzotto and Armando Torres that occurred on or about August 8, 2005, as well as offenses alleged as other-crimes evidence and as aggravating factors during the guilt and penalty phases ofappellant's trial, People v. Louis Mitchell, Jr. (San Bernardino Superior Court Case No. FSB 051580), including, but not limited to, the following: a. All records, documents, and exhibits, includingthe reporter’s transcript notes ofproceedings which pertain to appellant, Louis Mitchell, Jr., and People v. Louis Mitchell, Jr. (Superior Court Case No. FSB 051580), including confidential 987.9 and 987.2 records; : b. All items admitted into evidence, or offered into evidence, whetherat the trial or any pretrial proceeding, whether such items were physical, demonstrative, illustrative, | written, tape recorded, videotaped, photographed, or of some other type; and. whetherin possession ofthe San Bernardino County Superior Court, San Bernardino County District Attorney’s Office, or any other law enforcement agency, including, but not limited to the Colton Police Department, the San Bernardino Police Department, and the San Bernardino County Sheriff's Ocpartment; the San Bernardino County District Attorney’s Officeis to maintainits file and any documents related to this case in its possession inviolate. C. All prosecutorial and law enforcementreports, notes, tape recordings, or other memorializations offruits of law enforcement investigation or witness interviews,all scientific and forensic reports or notes and underlying documentation (including, but not limited to, laboratory notebooks, bench notes, computer printouts, or other recordings of raw data, in whatever media), all photographs and negatives, exhibits, and all other iterns that arc in any way relatedto this capital case, including, but notlimited to: police report numbers 05-35815 [San Bernardino Police Department]; 05-35652 [San Bernardino Police Department]; and 910509183 (Colton Police Department] that are in the possession of any ofthe state or county governmental agencies or officials named aboveor their agents or employees, whether in possession of the San Bernardino County Superior Court, San Order Tu Preserve lividence 745 N6/21/2012 14:37 FAX 4159045635 STATE PUBLIC DEFENDER (aces w e O o c o ~ ) A o H f F W Bernardino CountyDistrict Attorney’s Office, or any other law enforcement agency, including, but not limited to the Colton Police Department, the San Bernardino Police Department, and the San Bernardino County Sheriff's Department,and includingprivate individuals orinstitutions retained to render services in connection with this capital case; the San Bernardino County District Attomey’s Office is to maintain its entire file and/or Bureau ofInvestivation file. d. All custodial records relating to appellant, including housing records, classification records, disciplinary records,jail visiting logs and records, records of any medical and/or psvchiatric treatment or evaluation occurring during appellant’ s incarceration, and any audiotapes, videotapes related therein, and any other records pertaining to appellant in possession of any custodial agency involvedin this case, including, but nol limited to the San Bernardino County Sheriff's Department; 2. All writings or other records relating to the decision by the San Bernardino County District Attorney’s Office to seck the death penalty in People v. Louis Mitchell, Jr. (Superior Court Case No. FSB 051580), including, but notlimited to all policy manuals, regulations, guidelines, policy statements, internal memoranda and other writings which have beenrelied upon or promulgated by the San Bernardino County District Attorney's Office pertaining to the procedure by which a decision is made as to whether to charge special circumstances and/or seek the death penalty, and any andall documents, writings, records, memoranda,or notes relating to the decision to allege special circumstances and to seek the death penalty in this capital case as of the date the decision was made in 2005; f. All electronic data pertaining to People v. Louis Mitchell, Jr. (Superior Court Case No. FSB 051580)in the possession of or maintained by the San Bernardino County Information Services Department, including any email communications; g. All records or documents maintained or controlled by the San Bernardino County Jury Commissioner pertainingto the selection of the venire or any other matter involving the case ofPeople v. Louis Mitchell, Jr. (Superior Court Case No. FSB 051580). Any records, manuals, standard operating procedures, or other documents maintained or Order To Preserve Evidance FAR 06/21/2012 14:37 FAX 4159045635 STATE PUBLIC DEFENDER {2) 006 oO o f o Y Q H n W w B& BS W Y N L h o t h W w t o h o N Q m o P Q w - O R — — — _ e e l s s _ _ — c o ~ ~ n N w m = W w N o _ O o o O o o “ I n N i n a G s h o o e Q o controlled by the San Bernardino County Jury Commissioner involving procedures and practices regarding the selection ofjury venires, including county-wide jury venires, which were in effect in the years 2004-2006; h. All jail records and/or the completejail packet, which includes any “writings” (as delined in Gov. Code, § 6252, subd. (g)) which pertain to appellant Louis Mitchell, Jr. (DO!3: 2/25/70) that are in the possession or control of the San Bernardino. County Sheriff's Department; L. All records maintained or controlled by the San Bernardino County Department of Behavioral Health Services which pertain to appellant Louis Mitchell, Jr. (DOB: 2/25/70) trom August, 1988 to December, 2006; j. _. All records maintained or controlled by the San Bernardino County Probation Department, to the extent they have not already been destroyed, which pertain to appellant Louis Mitchell. Jr. (DOB 2/25/70); Roman Williams or Romen Williams, aka “Chrome” (DOB 2/28/88), Tracy Lee Ruff (DOB 8/20/87), ArmandoTorres, aka “Mando” (DOB 3/17/86), Valerie Hernandez (DOB L/12/84), and Robert Grayson (DOB 6/09/86). k. Al materials controlled or maintained by the San Bernardino County Sheriff- Coroner's Department(or any private contractor personnel) pertaining to the investigation and autopsies of the deaths ofPatrick Mawikere, Mario Lopez and Susano Torres on or about August &, 2005; 1. All records, documents, exhibits, investigative reports, and jail records relating to prior investigations or prosecutions of appellant, including but notlimited to those pertaining to the following San Bernardino County Cases: Docket No. FSB 266527; FWV 18563; and FSB 035560; m. In accordance with the requirements contained in Penal Code section 832.5(b), all files maintained as ofApril 6, 2012, including confidential Internal Affairs files, reparding Detective Michael Vasilis (ID # 50363), Detective William Flesher (ID # 24140), Sargent James Voss (ID # 24447), Steve Turner (ID # 50502), Christian Phillips (Donovan), Kevin Jeffery (ID # D50364), Ricardo Tomboc (ID # 24907), Sherri Vasilis, Order To Preserve Evidence 747 06/21/2012 14:97 FAX 14159015635 STATE PUBLIC DEFENDER {oo7 . w s N r o O o a ~ n r i n Jashua Cogswell (ID # 5054-4), and Thomas Adams(ID # 25240)in the possession of the San Bernardino Police Department; and all files maintained as of April 6, 2012, including confidential Internal Affairs files, regarding Dr. Frank Sheridan, Heather Harlacker, Kerri Heward, Jason McCauley, Monica Siewertsen, and Regina Foremanin the possession of the San Bernardino County Sheriff's Department; andall files maintained as of April 6, 2012,including confidential Internal Affairs files, regarding John Nelson (ID # 2867), Jarrod Green(II) ## 3921) and ‘Wesley Bruhn (ID # 3919)in the possession of the Colton Police Department; and all files maintained as of April 6, 2012, including confidential Internal Affairs files, regarding Steven Day in the possession of the California Department of Corrections; n AJ] California DepartmentofCorrections records regarding Louis Mitchell, Jr; Qo. All hospital records or other records regarding medical treatment rendered to Louis Mitchell, Jr./Leonardo Meza, on August 8, 2005 through August 10, 2005,in the possession ofArrowhead Regional Medical Center and Loma Linda University Medical Center; p. Aji hospital records or other records regarding medical treatment rendered on August 8, 2005 through August 12, 2005 to Armando Torres (DOB 3/17/86); Jerry Payan (DOB 1/2/69); Juan Marcello Bizzotto/Quincy Questionable (DOB 1/18/74); Mario Lopez (DOB 7/6/46); Patrick Mawikere (DOB 11/10/84) and Susano Torres (DOB 9/15/88), in the possession of Arrowhead Regional Medical Center. This supplemental and previous orders for preservation by this Court remain in effect until either: (1) thirty days after execution of sentence, or (2) non-preservation of such items or muterials is approved by a court of competentjurisdiction, after at least ninety (90) days written notice of any intention to destroy or allow destruction of such evidence has been given to appellant, appellant’s counsel, the San Bernardino County District Attomey, and the Attorney General of California. The agencics named in appellant’s motion to preserve are directed to inform the Order To Preserve Evidence 748 06/21/2012 14:38 FAX 4159045635 STATE PUBLIC DEFENDER ios b o u o O Y D H Ww W B F W w Court and appellant’s counsel whether anyofthe items or materials mentioned in the previous orders ofthe Court or above are in the possession of any other governmental unit, entity, official, employee or former employee and/orare further directed to inform the Court and appellant’s counsel whether any of such material has been destroyed. Hf APPROVED AS TO FORM AND CONTENT | Dated: ROBERT BULLOCH San Bernardino County Deputy District Attorney APPROVEDAS TO FORM AND CONTENT Dated: RICHARD LUCZAK Deputy City Attorney Specially Appearing For The San Bernardino Police Department APPROVED AS TO FORM AND CONTENT Dated: _ SARAH OVERTON _ Attorney Specially Appearing For The Superior Court Of California, County Of San Bernardino And The Jury Commissioner For The County Of San Bernardino SO ORDERED. Dated: BRIAN 8S. MCCARVILLE ; JUDGE OF THE SUPERIOR COURT Order To Preserve Evidence 749 06/21/2012 14:38 FAX 4159015635 STATE PUBLIC DEFENDER (oo Court and appellant’s counsel whether anyof the items or materials mentionedin the previous orders of the Court or aboveare in the possession of any other governmentalunit, entity, officlal, employee or former employee and/or are further directed to inform the Court and appellant's counsel whether any of such material has been destroyed. Mt APPROVED AS TO FORMAND CONTENT Dated: _GRO- OLD | Lire. AD San Bernardino County Deputy District Attomcey w o w e S Y H A A B R W H P e — _ — —_ - 2 S APPROVED AS TO FORM AND CONTENT — t w Dated: — lu s RICHARD LUCZARK Deputy City Attorney Specially Appearing ForThe San Bemardino Police Department —_ — — p e a n j w & APPROVED AS TO FORM AND CONTENT o o o N Dated: — \ o SARAH OVERTON Attorney Specially Appearing ForThe Superior Court Of California, County Of San Bernardino And Ths Jury Commissioner For The County Of San Bernardino n o o N O N O k S & S B H R e C S SO ORDERED. Daled: N N w e w o O n BRIAN 3. MCCARVILLE JUDGE OF THE SUPERIOR COURT w ~ N aa Ordar To Preserve Evidence bea'd SESSPEES TR ISL BLpILCl6as 90 OD ONG NeS:wo44 Sarst Stg2-ae-Nr 750 U6/21/2012 14:38 FAX 1159045635 STATE PUBLIC DEFENDER foLa — — Oo © % f QW A HW & Ww W WP Court and appcllant’s counsel whsther any of theitems or materials mentionedin the previous orders of the Court or above arein the possession of any other governmental unit, entity, officiil, employee or former employee and/or are further directed to inform the Court and appellant's counsel whether any of such material has bsen destroyed. Hl APPROVED AS TO FORM AND CONTENT Dated: _. ‘ROBERT BULLOCH San Bernardino County Deputy District Attorney a, ¢ APPROVED AS TO FORM SQeseeet 4 Dated: G/L) Lh LE RICHARD IZA _ : Deputy City Attorney Specially Appearing For The San Bernardino Police Department APPROVED AS TO FORM AND CONTENT pests OPM af + OVERTON Attorney Specially Appearing For The Superior Court Of California, County ©fSan Bernardino And The Fury Commissioner For The County Of San Bemardino SO ORDERED. Dated: 2elem Xeiy Lil BRIAN $. MCOARVILLE JUDGE OF THe SUPERIOR COURT / Order Tu Preservi: Evidence 751 “SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO COURG SRO Y SUPERIOR COURT COUNTY 6401 NORTH ARROWHEAD AVENUE AppealeDegNaROING SAN BERNARDINO, CA92415-0063 JUL 1 0 Zar PLAINTIFF(S): PEOPLE By Aarer ele.KAREN MUELLER DEBSDEFENDANT(S): LOUIS MITCHELL,JR. JUDGE: HONORABLE BRIAN S. MCCARVILLE DEPT: $36 CLERK’S CERTIFICATION OF SERVICE BY MAIL CASE NUMBER:(CCP § 1013A(4)) FSB051580 / S$147335 I, Karen Mueller, certify that: | am not a party to the above-entitled case: that on the date shown below, I served the following document(s): ORDER TO PRESERVE EVIDENCE PENDING AUTOMATIC APPEAL AND RELATED POST CONVICTION PROCEEDINGS,onthe parties shown belowbyplacinga true and correct copy in a separate envelope, addressed as shown below; each envelope was then sealed and, with postage thereon fully prepaid, deposited in the United States Postal Service at San Bernardino, California. MARIA MORGA. DSPD State Public Defender Oakland City Center 1111 Broadway, 10" Floor Oakland, CA 94607 MARISSA A. BEJARANO, DAG Attorney General DepartmentofJustice 110 W. “A”Street, Suite 1100 San Diego, CA 92101 CAPTAIN ALAN SPEARS.ESQ. 525 B Street. Suite 1500 San Diego. CA 92101 ROBERT BULLOCH. DDA District Attorney's Office 316 N. Mountain View Ave. San Bernardino. CA 92415-0004 PHEBE CHU, DCC San Bernardino County Counsel 385 N. Arrowhead Ave.. 4"" Floor San Bernardino. CA 92415-0140 ROD HOOPS, SHERIFF San Bernardino County Sheriff's Department 655 E. Third Street San Bernardino, CA 92415 ***SEE ATTACHED PAGE STEPHEN H. NASH, Karen Mueller e : Court Execytiye Officer ae) Ared ually, . Deputy y 3 / CLERK’S CERTIFICATE OF SERVICE BY MAIL Case Name: Case Number: FSB 051580 / 8147335 SARAH L. OVERTON,ESQ. Cummings, McClorey, Davis, Acho & Associates PC 3801 University Ave., Suite 560 Riverside, CA 92501 GRACE CUEVAS, CUSTODIAN OF RECORDS San Bernardino County Sheriff- Coroner Department / Coroner Division 175 South Lena Road San Bernardino, CA 92415 ROBERT HANDY. CHIEF OF POLICE San Bernardino Police Department 710 North "D" Street San Bernardino, CA 92401 RICHARD LUCZAK, DEPUTY CITY ATTORNEY City of San Bernardino 300 North."D"Street San Bernardino, CA 92418 JOEL GOLUB, CHIEF INFORMATION OFFICER San Bernardino County Information Services Department 670 East Gilbert Street San Bernardino. CA 92415-09{5 (co 753 ntinued) PEOPLE OF THE STATE OF CALIFORNIA vs LOUIS MITCHELL JR. MICHELLE SCRAY, CHIEF PROBATION OFFICER San Bernardino County Probation Department Administrative Offices 175 West Fifth Street San Bernardino, CA 92415 BENJAMINT. RICE, ESQ. Calitornia Department of Corrections Office of Legal Affairs 1515 "S" Street, Suite 314-S Sacramento, CA 95814 STEVE WARD. CHIEF OF POLICE Colton Police Department 650 North La Cadena Drive Colton, CA.92324 ALLAN RAWLAND San Bernardino County Departmentof Behavioral Health 268 West Hospitality Lane, Suite 400 San Bemardino, CA 92415 SAN BERNARDINO COUNTY JAIL 630 East Rialto San Bernardino, CA 92408 CAPTAIN SCOTT MESA West Valley Detention Center 9500 Etiwanda Avenue Rancho Cucamonga, CA 91730 BRENDA TAYLOR, RHIA, CCS EXECUTIVE DIRECTOR LomaLinda University Medical Center Health Information Management (Hospitalizations) 101 East Redlands Blvd., Suite 1200 San Bernardino, CA 92408 754 ARROWHEAD REGIONAL MEDICAL CENTER Custodian of Records 400 North Pepper Avenue Colton, CA 92324 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO 401 North Arrowhead Ave., San Bernardino, CA 92415-0063 NAME ADDRESS AND TELEPHONE NUMBER OF APPELLANT'S ATTORNEY FOR COURT USE ONLY MARIA MORGA, DSPD STATE PUBLIC DEFENDER’S OFFICE 221 MAIN STREET, 10™ FLOOR - SAN FRANCISCO, CA 94105 ILESUPE COUNTY OFSan GeRTA N BERNAROINGNAME ADDRESS AND TELEPHONE NUMBER OF RESPONDENTS ATTORNEY Opeals Division ATTORNEY GENERAL GOVERNOR DISTRICT ATTORNEY JUL 3 1 2042DEPARTMENTOF JUSTICE STATE CAPITOL ROOM1028 316 N. Mt View Avenue 110 West A Street, Suite 600 SACRAMENTO, CA 95014 San Bernardino. CA 92415-0004 San Diego. CA 92101 isY ome KAREN MUELLER: DEPU TITLE OF CASE (ABBREVIATED) PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBERVS. LOUIS MITCHELL, JR. FSB 051580 / S147335 NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL Appeal from Honorable Judge: BRIAN S. MCCARVILLE i ith ¢} ALITOMATIO ann accordance wit thein accor dan AUTOMATIC APPEAL,you are hereby directed to commence preparation of the REPORTER’S TRANSCRIPT ON APPEALinthe above-entitled action, pursuant to CRC Rule 8.622. The Appealis to the SUPREME COURT OF THE STATE OF CALIFORNIAandthe appellate record is to contain transcripts for every hearing reported in this matter, as indicated below. PRIMARY REPORTER: KATHY SELLERS KATHY SELLERS: 2/3/12 4/6/12. 5/25/12 *** Please make this Supplemental1, Starting at page 41.*** TRANSCRIPTS ARE DUE: AUGUST 10, 2012 ATTN: KATHY SELLERS The Rules on Appealrequire the original and 5 copies of yourtranscript to be filed with the clerk ofthe Appeals Division within 10days of the date of this notice. Please prepare an additional 0 copy (ies) of yourtranscript (for a total of 6 transcripts). The Appeals Division requires ALL Marsden/tn Camera Hearings to be sealed separately from the record on appeal. Please note allAffidavits of “no notes” must be submitted within 10 days from the date of mailing. Please contact the Appeals Division if you need information regarding the requirements for requesting an extension oftime. Dated: July 31, 2012 tytronwn . Deputy KAREN MUELLER If you have any questions regarding this notice. please call: (909) 521-3567 NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL 1/07 755 “T HT COUNTY OF SAN BERNARDINO DECLARATION OF SERVICE BY MAIL STATE OF CALIFORNIA ) ) SS. FSB 051580 COUNTY OF SAN BERNARDINO ) The undersigned hereby declares: I am a citizen of the United States of America, over the age of eighteen years, a residentof the above-namedState. and not a party to nor interested in the proceedings namedinthetitle of the annexes document. [ am a Deputy Clerk ofsaid County. I am readily familiar with the business practice forcollection and processing of correspondence for mailing with the United States Postal Service that same day in the ordinary courseof business. On the date of mailing shown below,I placed for collections and mailing followingordinary businesspractices, at the request and underthedirection of the Ex-Officio Clerk ofthe Superior Court in and for the State of California and County above-named, whoseoffice is at the 401 North Arrowhead Avenue, San Bernardino, California, a sealed envelope which containeda true copy of each annexed document, and which envelope was addresses to the addressedto the addressee, as follows: KATHY SELLERS: HOME ADDRESS Date and Place ofMailing: July 31, 2012. San Bernardino. California. Document Mailed: NOTICE TO REPORTER TO PREPARE TRANSCRIPTS ON APPEAL Atthe timeofsaid mailing. there was a regular communication by mail between the place of mailing and the place so addressed. | declare under penalty of perjury that the foregoingis true and correct. Executed on July 31, 2012, at San Bernardino, California. ff . Deputy NOTICE TO REPORTER TO PREPARE TRANSCRIPT ON APPEAL 1/07 756 EXHIBIT B ) THE PEOPLE OF THE STATE OF ) No. CALIFORNIA ) ) Petitioner, ) Court of Appeal No. ) E061754 Vv. ) ) Related Death THE SUPERIOR COURT OF ) Penalty Appeal CALIFORNIA, COUNTY OF ) Pending No. $137307 SAN BERNARDINO, ) ) Respondent, ) ) JOHNNY MORALES, ) )i Real Party in Interest. ) ) DECLARATION OF SENIOR DEPUTY STATE PUBLIC DEFENDER C. DELAINE RENARDIN SUPPORT OF MOTION FOR JUDICIAL NOTICE I, C. Delaine Renard, declare: 1. I am an attorney licensed to practice law in the State of California am employed by the State Public Defender as a Senior Deputy State Public Defender. The State Public Defender has been appointed to represent Johnny Morales on his automatic appeal pending before this Court. I have been assigned as his counsel on appeal, as well as on the related mandamus proceedings before the appellate court and the resulting petition for review that accompaniesthis motion. 2. The State Public Defender is also appointed counselfor the defendants in all of the cases that resulted in the evidence preservation orders that are the subject of the instant motion for judicial notice. 1 Therefore, I obtained copies of those ordersas part of the records regularly maintained by myoffice. 3. Exhibit A contains true and correct copies of those orders. I declare under penalty of perjury that the foregoingis trye and correct and that this declaration was signed onrsstct205 in Oakland, California. aS C. Delaine Renard DECLARATION OF SERVICE Re: THE PEOPLE v. SUPERIOR COURT (MORALES) No. Court of Appeal No. E061754 Related Death Penalty Appeal Pending No. $137307) I, Kecia Bailey, declare that I am over 18 years of age, and not a party to the within cause; that my business address is 1111 Broadway, 10th Floor, Oakland, California 94607; I served a true copyof the attached: MOTION FOR JUDICIAL NOTICE IN SUPPORT FOR PETITION FOR REVIEW on each of the following, by placing same in an envelope addressed respectively as follows: FELICITY SENOSKI JOHNNY MORALES,V-94083 Deputy Attorney General CSP-SQ Office of the Attorney General 4-FB-40 110 W. A Street, Suite 110 San Quentin, CA 94974 San Diego, CA 92101 MICHAEL T. MURPHY CLERK OF THE COURT Deputy Attorney General San Bernardino County Superior Court Office of the Attorney General 247 West Third Street 110 West A Street, Suite 1100 San Bernardino, CA 92415 San Diego, CA 92186-5266 MICHAEL DOWD CLERK OF THE COURT Supervising Deputy District Attorney Fourth District Court of Appeal San Bernardino County District Attorney Division Two 900 E. Gilbert Street 3389 12th Street San Bernardino, CA 92415 Riverside, CA 92501 Each said envelope was then, on August 19, 2015, deposited in the United States mail at Alameda, California, the county in which I am employed, with the postage thereon fully prepaid. I declare underpenalty of perjury that the foregoingis true and correct. Signed on this 19" day of August 2015, at Oakland;Callie WisBe, KeciaBailey { 1' t