The privilege does not belong to the People; it belongs to the officer."

Further trial confirmation and hearing on motion to continue was scheduled this morning for murder suspect Ulisses Rodriguez. Jury trial scheduled for June 29 still remains as set as defense requested yet another continuance for the trial confirmation.

Deputy Public Defender Ben McLaughlin mentioned at the last hearing that the currently set jury trial is unlikely to proceed. I covered the reasons in detail in the last post. Read that previous post below if you haven't been following the case.

Mr. McLaughlin requested the motion to continue be put over when Judge Lawrence Killoran is available. Judge Timothy Canning granted his request but said next week's schedule for Judges has not been set and there is no guarantee that on June 11, Judge Killoran will be the one hearing this case.  Mr. McLaughlin has to meet with Mr. Rodriguez in person.

Defense will be filing a  Evidence Code 1042 motion regarding John Doe who is represented by Conflict Counsel.  The motion is  to compel disclosure of the confidential informant; John Doe.

Mr. McLaughlin asked the People to put 1041 privilege on record.

Deputy District Attorney Roger Rees is the prosecutor on this case. "People are ready to confirm," he said. "I have not seen the motion. I do know the substance. The privilege does not belong to the People; it belongs to the officer."

Evidence Code 1041 refers to the  privilege for identity of informer. According to Shouse Law, "in determining whether disclosure of the identity of the informer is against the public interest, the interest of the public entity as a party in the outcome of the proceeding shall not be considered."

Previous post:
https://johnchiv.blogspot.com/2020/05/brady-information-arrest-of-john-doe.html?m=1#more