Notice of Motion, Motion to Release Autopsy Reports; Points and Authorities In Support, Order Shortening Time

FILED MAY 29, 2003 2:36 p.m.

DEPUTY CLERK OF THE SUPERIOR COURT

COUNTY OF STANISLAUS

 

JAMES C. BRAZELTON

District Attorney

Stanislaus County Courthouse

Modesto, California

Telephone: 525-5550

 

Attorney for Plaintiff

 

STANISLAUS COUNTY SUPERIOR COURT

STATE OF CALIFORNIA

 

D.A. No. 1056770

THE PEOPLE OF THE STATE OF CALIFORNIA

Plaintiff,

vs.

SCOTT LEE PETERSON,

Defendant.

 

No. 1056770

 

NOTICE OF MOTION; MOTION TO RELEASE AUTOPSY REPORTS; POINTS AND AUTHORITIES IN SUPPORT, ORDER SHORTENING TIME

 

Hrg: 6-3-03

Time: 8:30 a.m.

Dept: 2/8

 

Comes now the people of the State of California to submit the following MOTION IN SUPPORT OF RELEASE OF AUTOPSY REPORTS.

 

FACTS

 

By stipulation dated May 15, 2003 both the Defense and the People agreed to conditionally seal the autopsy reports pending a hearing set for May 27th. At the hearing on May 27th both the defense and the People argued that the autopsy documents should remain sealed. The court indicated, in a tentative decision, that the documents would remain sealed until the preliminary hearing. The court did not change the stipulated order of May 15, 2003

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which prohibited either side from releasing or disclosing any information contained in the autopsy reports without further order of the court. (See attached order.)

 

On this date, May 29, 2003, the media began reporting that they obtained a copy of the coroner’s report and are reporting information that is claimed to be in the report. The People have stringent controls in place maintaining the secrecy of the autopsy reports that is possesses in this case, and have not released a copy to the media. The People have not even released a copy to the Modesto Police Department or the victim’s family due to the court’s order.

 

ARGUMENT

 

1. The People withdraw their opposition to release.

 

The people have opposed the release of the autopsy reports to protect the defendant’s right to a fair trial. The defense failed to file any opposition on the defendant’s behalf, and merely joined the People’s opposition. The People hereby withdraw their opposition, only as it relates to the autopsy reports. The information being leaked has clearly been skewed in favor of the defense so the People cannot see why the autopsy documents should not be released.

 

2. The People have the right to correct inaccurate information.

 

California Rule of Professional Responsibility 5-120 ©) states:

                                                                                                                 

“Notwithstanding paragraph (A) , a member may take a statement that a reasonable member would believe is required to protect a client from the substantial undue prejudicial effect of recent publicity not initiated by the member or the member’s client. A statement made pursuant to this paragraph shall be limited to such information as is

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necessary to mitigate the recent adverse publicity.”

 

The People believe that releasing the autopsy reports will protect its client, namely the People of the State of California. By releasing the autopsy reports the court will allow the media to see what the actual facts are and then accurate information may be reported to mitigate recent adverse publicity.

 

Conclusion

 

For all of the above-cited reasons, the People request the court to release the autopsy reports in this case.

 

Dated: May 29, 2003

 

Respectfully submitted,

 

JAMES C. BRAZELTON

District Attorney

 

By: [signature]

David P. Harris

Deputy District Attorney

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Attachment:  STIPULATION AND ORDER FOR SEALING OF CORONER’S REPORT and RELEASE OF CORONER’S REPORT UNDER SEAL; CONDITIONAL SEALING OF CONTRA COSTA REPORTS


JAMES C. BRAZELTON

District Attorney

Stanislaus County Courthouse

Modesto, California

Telephone: 525-5550

 

Attorney for Plaintiff

 

STANISLAUS COUNTY SUPERIOR COURT

STATE OF CALIFORNIA

 

D.A. No. 1056770

THE PEOPLE OF THE STATE OF CALIFORNIA

Plaintiff,

vs.

SCOTT LEE PETERSON

Defendant.

 

No. 1056770

 

DECLARATION OF David P. Harris REQUESTING ORDER SHORTENING TIME, ORDER

 

Hrg: 6-3-03

Time: 8:30 a.m.

Dept. 2-8

 

I, David P. Harris, declare as follows:

 

I am Deputy District Attorney, and I am licensed to practice in all courts of the State of California. I am the attorney of record for the plaintiff in this case. Prior to seeking this order I advised the defense of my intent to see the judge ex parte to grant the order shortening time so that this matter may be heard on June 3, 2003 which is the next court date that all of the parties to this matter will be present in court.

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An order shortening time is required so that this motion may be heard at the same time as the next appearance when all of the parties to this matter will be in court.

 

I declare under penalty of perjury that the foregoing is true and correct.

 

Dated: May 29, 2003

 

[signature]

David P. Harris

 

ORDER

 

Good cause appearing, IT IS ORDERED that the time for service of the attached NOTICE OF MOTION FOR RELEASE OF AUTOPSY REPORTS is shortened so that the same may be served on defendant’s counsel not later than 4:00P.M. today, in person or by fax and filed forthwith. Hearing will be on June 6, 2003 at 8:20A.M. in Dept. 2

 

[signature]

JUDGE OF THE SUPERIOR COURT


Transcribed by HM