Judge Cockrum orders that the DA provide the rap sheet of Jeff Tsarnas' victim to defense

A hearing on motion/sanctions regarding discovery in Jeff Tsarnas' hit and run case was continued to this morning.



Judge Kaleb Cockrum held an in camera hearing to review the records with Deputy District Attorney Roger Rees, which lasted about a minute. Tsarnas' attorney, Mr. Neal Sanders objected.

After reviewing the records in question in Chambers, Judge Cockrum said, "There is a split whether the rap sheet has to be turned over or just the information."

After originally saying that he submitted on what he had filed, Deputy District Attorney said there is personal information such as Social Security numbers that could put the victim at a dusadvantage." Then he went on a ramble about people getting training to access the rap sheet database, which included carpets not being cleaned and access for cleaning staff due to security concerns. Mr. Rees did not cite any case law in court today.

Mr. Sanders said, "Those arguments were good last year." Citing AB 2133 and reading a summary of the law passed, Mr. Sanders said the legislature was entitled to getting the discovery requested. Mr. Sanders also mentioned Evidence Code 1105 (b) (9).

Mr. Sanders said the rap sheet was being requested to address the victim credibility. He said often discovery is provided late  to defense in cases and the defense does not have adequate time to investigate.

Mr. Rees not happy about the AB 2133 reference said, "Let them(the defense) get it from the Attorney General."

Mr. Sanders pointed out, "The DA is an agent of the DOJ." The rap sheet is from a DOJ database.

Judfe Cockrum denied any sanctions saying Mr. Rees had shown good faith. As for the rap sheet, Judge Cockrum ordered certain information to be redacted. "The prosecution has reasonable but unequal access and I order that they pro ide the rap sheet to Mr. Sanders."

Mr. Patrick Griego is representing the victim, Marie Kelley.


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