Judge's Response With Exhibits

8/9/2019 Judge's Response With Exhibits

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VENTURASUPERIOF~ COURTFILED3 JU~)J) 2010

~H~D,~ET5 BY:7 ~~~~puty678 SUPERIOR COURT OF THE STATE OF CALIFORNIA9 FOR THE COUNTY OF VENTURA

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THE PEOPLE OF THE STATE OF ) Case No.: 200800578212 CALIFORNIA, )13 ) DECLARATION OF CHARLES W.Plaintiff, ) CAMPBELL, JR.14 vs. )

)15 BRANDON McINERNEY, )16 )Defendant. )1718 I, Charles W. Campbell, Jr., declare that I have personal knowledge of the following, and19 if called to testify, could and would testify to the matters contained herein.20 1. I am the judge assigned to handle the trial of Brandon Mclnerney.21 2. Before July 14, 2010 I had never had any contact with defense counsel in this22 case.23 3. On July 14 , 2010 I was informed that defense counsel had filed a motion to24 continue the trial. The motion to continue is attached as Exhibit A. In support of that motion25 they filed declarations and a declaration was filed by their investigator under seal. The26 investigators declaration is attached as Exhibit B. It will only be sent to the judge who is27 assigned to rule on this disqualification.28

2008005782 PEOPLE v. McINERNEY Page 1


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4. The People filed an opposition to the defense motion to continue. The opposition2 is attached as Exhibit C.3 5. I read all of the documents filed in support of or in opposition to the motion to4 continue.5 6. After reading the documents, I was informed by my bailiff that defense counsel6 wanted to speak with me in chambers.7 7. Defense Counsel, the prosecutor and her investigator came into chambers and8 defense counsel introduced themselves to me.9 8. Defense counsel then began to explain to me why they needed a continuance.

10 9. After listening to them for a while I stated that this discussion needed to be on theii record because any decision I would make was subject to review.12 10. I deny that I am prejudiced or biased against or for any of the counsel or parties in13 this case.14 11 . I have attached a transcript of the proceedings from July 14 , 2010; I believe the15 record speaks for itself as to wha t transpired, so I will not summarize the proceedings. The16 transcript is labeled Exhibit D.17 12 . I deny that I had formed any opinion as to how I would rule on the motion to18 continue before the motion was heard.19 I declare under penalty of perjury that the above is true and correct pursuant to the laws20 of the State of California.21 Executed this 20th day of July, 2010 at Ventura, Cpiif4ia.22 /23 CHARLES W. C~MP~J~L, JR.24 Judge of the Superior ~curt25262728

2008005782 PEOPLE V. McINERNEY Page 2


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SUPERIOR COURT OF THE STATE OF CALIFORNIAIN AND FOR THE COUNTY OF VENTURA

THE PEOPLE OF THE STATE OF ) Case No.: 2008005782CALIFORNIA, ))Plaintiff, ))v. ))BRANDON McINERNEY ))Defendant )

TO THE ABOVE ENTITLED COURT AND TO THE DISTRICT ATTORNEY FORTHE COUNTY OF VENTURA:

PLEASE TAKE NOTICE THAT on July 6,2010 in Department 27 of the VenturaCounty Superior Court, at 8:30 a.m., or as soon thereafter as the matter may be heard, defendantBrandon Mclnerney, by and through his attorney, Scott Wippert, will move this Court tocontinue his trial, currently scheduled to being on July 14th, to a later date. The factual basis forthis motion is set forth in the attached Declaration of Scott Wippert. The motion will be basedon this written notice and motion, the legal authority of Penal Code section 1050, the attacheddeclaration, and any other law and argument to be provided at the hearing on this matter.

Scott S. Wippert, SBN 2135281050 EsplanadeChico, CA 95926(530) 961-3616Law Office of Robyn B. BramsonRobyn Bramson, SBN 23488814431 Ventura Blvd., Suite 229Sherman Oaks, CA 91423(916) 505-2666Attorneys for BRANDON McINERNEY

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MOTION TO CONTINUE (Pen. C. 1050)\~A1~3~ ~

DAT :Jul ,2010 ~TIME: 8:30a.m.DEPARTMENT:21 ) 3

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1 Dated: June 29, 2010 Respectfully Submitted,2

Scott Wippert ~4 Attorney at Law56789

101112131415161718192021222324252627 DECLARATION OF SCOTT WIPPERT28


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1 1, Scott Wippert, declare I have personal knowledge of the following, and if called upon2 to do so , could and would testify competently to the matters contained herein.3 1. I am counsel of record for the Defendant, Brandon Mclnemey and am lead trial counsel4 with regard to his case.5 2. The trial in this matter is currently scheduled to begin on July 14, 2010.6 3. My investigator is sti ll in the process of interviewing witnesses for purposes of preparing7 and presenting a defense.8 4. I am informed by my investigator that she has encountered difficulty contacting various9 student witnesses due to school currently being out of session and many kids being out of town

10 during the Summer vacation.11 5. These student witnesses are essential to preparing and presenting a defense in Brandon s12 case.13 6. Without these witnesses I would be ineffective as Brandons counsel.14 7. Additionally, I have still not received reports from expert witnesses retained in this15 matter.16 I declare the above is true and correct under penalty ofperjury pursuant to the laws of the17 State of California. Executed this 28th day of June, 2010, at Chico, California.1819 Scott Wippert20 Attorney at Law2122232425262728


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PROOF OF SERVICE

I, Robyn Bramson, declare at the time of service I was at least 18 years of age andnot a party to the legal action. My business address is 14431 Ventura Boulevard, Suite229, Sherman Oaks, CA 91423. My telephone number is 916-505-2666.

I served a copy of the MOTION TO CONTINUE, on June 29, 2010, via serviceby mail as follows:

Ventura County District Attorney800 South Victoria Avenue#314Ventura, CA 93009I certify under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed this 29th day of June, 2010.


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GREGORY D. TOTTENDistrict Attorney[~4aeve J. Fox (SBN 137325)Deputy District Attorney800 South Victoria AvenueVentura, CA 93009Telephone (805) 6542716Attorney fo r Plaintiff

SUPERIOR COURT OF CALIFORNIA,

THE PEOPLE OF THE STATE OF CALIFORNIA,)Plaintiff,

BRANDON McINEPNEY,Defendant.

)

VENTURASUPERIOR COURTFILED

COURT NO . 2008005782) PLAINTIFFS OPPOSITIONTO DEFENSE MOTION TOCONTINUE PER) PENAL CODE SECTION1050; DECLARATION OF

MAEVE J. FOX)))Date: July 7, 2010Time: 8:30 amCourtroom: 13

TO THE ABOVE ENTITLED COURT, DEFENDANT BRANDONMcINERNEY AND HIS COUNSEL OF RECORD: Plaintiff submits thefo llo win g in opposition to defense counsels motion to continuedated June 29, 2010.

PENAL CODE SECTION 1050 REQUIRES GOOD CAUSEFOR THE GRANTING OF A CONTINUANCEPenal Code section 1050 requires that the Court find good

COUNTY OF VENTURA

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MEMORANDUM OF POINTS J~JND AUTHORITIES

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1PEOPLES OPPOSITION TO MOTION TO cONTINUE; POINTS AND AUTHORITIES;DECLARAT ION


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1 cause fo r granting a continuance. It reads in p ertin en t part, as2 follows:3 (g) (1) When deciding whether or no t goodcause fo r a continuance has been shown, th e4 court shall consider the g ene ra l convenienceand prior commitments of all witnesses,5 including peace off icers. Both the generalconvenience and prior commitments of each6 witness also shal l be considered inselecting a continuance date if the m otion7 is granted. The facts as to inconvenience orprior commitments may be offered by the8 witness or by a party to the case.9 Both parties have a r ight to a fair trial and th e People10 submit that the Peoples right to a fair trial is being11 jeopardized by the endless requests to continue being made by12 defendant in this case.13 Keeping over 50 witnesses under subpoena and on-cal l is14 becoming virtually impossible and the People fear that witnesses15

may start becoming non-responsive after so many continuances,16 not to mention the stress that it is putting on th e individual17 witnesses each and every time they are served.18 The People respectfully request this court to deny any19 further requests to con tin ue this case and that th e court order20 counsel to present himself ready fo r trial on the ~ of July.2122 Respectfully submitted,23 GREGORY D. TOTTEN, Distr ict Attorney-Gounty o Ventura, State of California

DATED~ ~ 2b ~ _________________________________Deputy District At orney

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PEOPLES OPPOSITION TO MOTION TO CONTINUE; POINTS AND AUTHORITIES;DECLARATION


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1 DECLARATION OF MAEVE 3. FOX2 I, Maeve J. Fox, declare as follows:3 1. I am attorney at law licensed to practice before all the4 courts of the State of C alifo rn ia. I am employed by the5 District Attorney fo r the County of Ventura and have been6 fo r over 20 years. I am the assigned prosecutor fo r the7 case of the State of California versus Brandon Mclnerney,8 2008005782.9 2. The defendant in this case is charged with murder in

10 violation of Penal Code section 187(a) fo r the February 12 ,11 2008 execution-style shooting of classmate Larry King. The12 case is now over 2~ years old. Defense counsel substituted13 into this case in late September 2008 and has had almost14 two full years to prepare.15 3. When defense counsel substituted into the case, the Public16 Defenders Office was ordered by the court to provide to17 counsel the discovery which the People had provided to the18 Public Defender. Then, approximately one year after counsel19 came in to the case, counsel made a request fo r the entire20 discovery file, at which time my office resupplied three21 thousand some-odd pages of discovery and a ll the recordings22 to counsel again.23 4. Counsel now comes forward claiming that he is having24 trouble locating student witnesses fo r interviews as it25 is summer vacation. We are within TEN DAYS of the trial26 date. The discovery in this case clearly shows that EVERY27 SINGLE student at E.O. Green Elementary School who was28 3



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1 present on the day of the murder was interviewed, at least~2 in a cursory fashion, on that day.3 5. Since then, the People have conducted extensive re4 interviews with the students and faculty that had5 information relevant to the murder. A ll of that information6 has been discovered to the defense. Thus defense counsel7 has the addresses and phone numbers of all of the people8 that his investigator supposedly cannot locate and has had9 this material in his possession the entire time.

10 6. Counsel ha s not set forth any good faith belief in his11 declaration that the unspecified witnesses he claims not to12 be able to locate have any information that is either13 exculpatory or mitigating. The People have a large number14 of the People to whom I assume counsel refers, under15 subpoena fo r the trial.16 7. The People have been forced to keep approximately 5017 witnesses, including a ll the minors to whom counsel refers,18 under subpoena fo r roughly a year in anticipation this19 trial. This is an EXTREME inconvenience fo r the ordinary20 citizens who were forced to witness the defendants21 depraved act as well as fo r their parents, and a ll the22 adult civilian and professional witnesses as well. Summer23 time is the ideal time to get this case to trial given the24 fact that many of the witnesses are in fact minors and wil l25 not have to be pulled out of school in order to testify.26 8. The court docket indicates that counsel obtained funds for27 investigation at the time they substituted into the case in28 4

PEOPLES OPPOSITION TO MOTION TO CONTINUE; POINTS AND AUTHORITIES;DEC LARAT ION


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1 2008 and additional funds were granted fo r the hiring of an2 expert psychologist in this case back in February of3 2010. The people have not received one single page of4 discovery on any topic from the defense in this case which5 at this time puts them in violation of their reciprocal6 discovery obligations under Penal Code sections 1054 et7 seq.8 9. However, of more moment than the fact that counsel is in9 clear violation of his discovery obligation is the fact

10 that his lack of compliance with his discovery ob1igations~11 indicate to this court that counsel has uncovered NO12 EVIDENCE of e xc ulp ato ry o r mitigating material which could13 affect the outcome of the trial. Now is not the time to be14 attempting to locate and interview witnesses, now is the15 time to be crossexamining witnesses. There has been no16 showing of good cause to continue this case. The court is17 obligated to deny the request.1819 I declare that the above is true and correct under the20 penalty of perjury pursuant to the laws of the State of21. California and that this declaration was executed this ~day22 of July, 2010 at Ventura, California.232425262728 5



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PROOF OF SERVICE

STATE OF CALIFORNIA )) ss.COUNTY OF VENTURA )

I, Pamela Potter, say that:I am a citizen of the United States, over the age of 18 years, a resident of the

County of Ventura, and am not a party to the above-entitled action; my business addressis 800 South Victoria Avenue, Ventura, California; on July 2, 2010, 1 served thewithin PLAINTIFFS OPPOSITION TO DEFENSE MOTION TO CONTINUEPER PENAL CODE SECTION 1050; DECLARATION OFMAEVE J. FOXenclosed in a sealed envelope with postage thereon fully prepaid in the United States mailat Ventura, California, addressed as follows:

SCOTT WIPPERT ROBYN BRAMSONAttorney at Law Attorney at Law1050 Esplanade 14431 Ventura Blvd., Suite 229Chico, CA 95926 Sherman Oaks, CA 91423Fax # (530) 223-5200 Fax # (818) 783-9469

and by facsimile transmission to the numbers listed above.I declare under penalty of perjury that the foregoing is true and correct.Executed on July 1, 2010, at Ventura, California.~ ~J~JPamela Potter

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Judge's Response With Exhibits