"If Ms. Bryson wants to put in her two cents, she can"

 

Trial setting for murder suspect Ulisses Rodriguez was continued this morning to April 15. A motion to compel discovery by defense will also be heard on that date. Prior to that, a motion to file under seal will be filed and calendared by defense.

Ms. Andrea Sullivan is Rodriguez's attorney. Deputy District Attorney Luke Bernthal is the prosecutor. It is rare that the People and defense agree in a murder case but in this instance, there is common ground regarding the motion to compel discovery.

Defense has still has not received discovery requests related to a cell phone and confidential informant John Doe. Ms. Sullivan asked Judge Lawrence Killoran for a date 30 days for the motion to compel to be heard.

Mr. Bernthal said, "That's acceptable, there are two issues. I have reviewed the phone records Ms. Sullivan has requested. I need two days for DTF agents to look over the final analysis."

"The other issue is the electronic privacy records act," said Mr. Bernthal. "Ms. Bryson represents the confidential witness. She is objecting to the disclosure of her client's phone records."

Mr. Bernthal cited PC 1546; specifically PC 1546.1 (d) (2) and PC 1546 (e) (1). Referring to Ms. Bryson, he said, "She may need to file something. I would be more comfortable with the Court granting a motion to compel." Mr. Bernthal said, as a prosecutor, this situation has him "stuck between statutory law and constitutional obligation."

Judge Killoran said,"If Ms. Bryson wants to put in her two cents, she can." 

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