Professional Documents
Culture Documents
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INFORMAL REQUEST FOR DISCOVERY
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Defendant Belvin Pugh who is charged with a violation of Cal. Vehicle Code Section 23152(a).
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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
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(c) To save court time in trial and avoid the necessity for frequent interruptions and
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postponements.
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(d) To protect victims and witnesses from danger, harassment, and undue delay of the
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proceedings.
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INFORMAL REQUEST FOR DISCOVERY
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(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
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Any and all police reports, supplemental reports or the like made in conjunction with
this case.
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this defendant.
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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
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Any and all pre-booking, booking, or post booking reports or supplements regarding
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.
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Any and all statements made by any of the aforementioned witnesses, oral or
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aspect of the offense, investigation or analysis conducted in this case, whether favorable or
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unfavorable to the defense, regardless of the prosecution's intent to call these persons as
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Any and all names, addresses and phone numbers of any percipient witnesses to any
Any and all statements made by any of the aforementioned witnesses, oral or
Any and all audio or visual recordings of the Defendant, the scene, or any other facts
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Any and all criminal records of witnesses the prosecution intends to call at trial or
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hearing, whether felony or misdemeanor, and the probation status, if any, of these persons or
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INFORMAL REQUEST FOR DISCOVERY
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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
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Any and all tapes, printouts, or other communication from any police, fire, or other
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Any and all recordings, printouts or other memoralizations of any point to point
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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.
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NOTICE IS HEREBY GIVEN THAT THE DEFENSE REQUESTS ANY AND ALL
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FOR INSPECTION.
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The specific name of the State's expert who will testify as a technical supervisor and
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Copies of all training and operation manuals or other pertinent training information
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given to the breath test device operator and technical supervisor for their certification and for
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The basic practical and educational requirements for the Breath Test Division Staff
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responsible for the maintenance and the calibration of the evidential breath alcohol test devices.
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Included in this request is the identification of any and all basic training requirements and all
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annual or periodic refresher-training requirements for the people responsible for the
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INFORMAL REQUEST FOR DISCOVERY
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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.
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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
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chemical test section subsequent to the approval/selection/purchase of the breath test device.
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A copy of all tests, testing protocols and lab data collected by or on the behalf of the
This request includes, but is not limited to: (a) any and all testing of the accuracy, precision, and
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safeguards; (b) any and all pre-installation certifications; (c) any and all in-house and/or
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independent lab testing; (d) a copy of the owner's and /or user's manual for the data
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acquisition/management program that the Breath Test Division is using for the tests conducted
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A listing of all databases collected from the breath alcohol device and identification
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alcohol device's computer data files (e.g. INV indicates mouth alcohol, RFI indicates radio
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A listing of all codes, shorthand, messages, and/or acronyms used in the breath
Copies of the quality assurance plan, warranties, cautions, constraints and FCC
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notices that are provided by the manufacturer of the breath alcohol device.
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device and any other materials utilized in the training of the Breath Test Division Staff on the
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A copy of the maintenance, calibration and operators manuals for the breath alcohol
basic calibration.
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INFORMAL REQUEST FOR DISCOVERY
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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
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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.
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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
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date he was arrested that generally provide information that these machines possibly suffer from
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a design defect or that they may be subjected to false reading or errors due to outside
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interference.
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specific breath test device that was used to test the Defendant.
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An opportunity for defense experts to view, photographically record, and test the
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breath test device and simulator machine that were used the day the Defendant was arrested to
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record other electronic devices in the breath test device and simulator rooms, as well as
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adjoining (side, above or below ) and nearby rooms (within approximately 100 feet) that may
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emit radio frequency interference, i.e., photocopying machines, radio transmitters, microwave
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oven, computer terminals, etc . This opportunity includes photocopying of instruction and
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service manuals for any electrical or electronic devices located in the area. In addition, if said
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service manuals are not available, the State will produce them prior to trial.
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INFORMAL REQUEST FOR DISCOVERY
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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
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All training manuals used by and in possession of the arresting officer in this case for
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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
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and notes received by the officer or taken by the officer during the field sobriety test
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certification process. In the event the officer should not have this manual and materials, this
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who participated in this case that they received during their training and certification to operate
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All training manuals that are in possession of the arresting and investigating officers
the breath test device. This request is to include the original California State Department of
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Health Breath Test Operator Manual or a replacement manual, which was personally issued to
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the officer(s). This request also includes any handouts, documents or other training received by
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the officer (s) or taken by the officer during the breath test device certification process and
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proficiency process. In the event the officer(s) do not have this manual and materials, this
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Any and all studies, reports, articles, books or any other source used by any expert
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witness to create, inform or otherwise influence any opinion they may render on absorption,
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INFORMAL REQUEST FOR DISCOVERY
Defendants ask that this document be treated as a continuing request through the
Dated: _____________
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Attorney Ruth C. Rose for
Defendant Belvin Pugh
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INFORMAL REQUEST FOR DISCOVERY