By Leela Bronner
WOODLAND, CA – The defense filed a motion to compel the production of specific evidentiary documents allegedly in possession of California Highway Patrol in an ongoing misdemeanor case here in Yolo County Superior Court Tuesday.
This motion, said the defense, was filed only after repeated unsuccessful attempts to obtain this potentially vital evidence from the prosecution, which maintained it was not aware of the documents’ existence.
The defense had also filed a motion for discovery, which included a request for continuance. Consequently, the motion to suppress was scheduled to be reset on the 23rd of this month, allowing the court to first address the motion for discovery.
The court moved to discuss the motion for discovery, with Judge David Reed clarifying the defense is asking for audio-visual materials.
Deputy District Attorney Robin Johnson responded on behalf of the prosecution and said the DA’s Office had told the defense “we’ve been informed by the Highway Patrol that that doesn’t exist,” adding, “the defense is filing something regarding the Highway Patrol in order to show cause.”
Deputy Public Defender Matthew Lanthier explained that “the motion to compel was directed at the prosecution” and asked for “a court order that these documents be produced” from CHP.
He added that “the Highway Patrol’s reports reflect that this exists,” though “if the Highway Patrol insists that they don’t exist, the People…can’t do anything about that.”
DPD Lanthier still insisted on having the motion heard and Judge Reed ordered a written response to the motion by the prosecution.
The case is set to be heard again on Aug. 23, where there will be a ruling on the motion for discovery and the motion to suppress will be reset.
