Erick Battersby reported Russ Clanton to the State Bar and wants juror information

 

I was in court for another case this morning and ended up covering Erick Battersby's motion for post conviction discovery. Battersby is currently at Pelican State Prison.  He appeared via Zoom. 

Deputy District Attorney Jane Mackie appeared on behalf of Deputy DA Roger Rees this morning. There was no objection by the People.

Judge Lawrence Killoran granted the motion stating that Battersby would get material he was entitled to at the time of trial.

Judge Killoran stated on record that he had seen letters Battersby had sent to his trial attorney, Russ Clanton but there was no response.

Battersby confirmed and added he reported Mr. Clanton to the State Bar. After he did that, he received a CD from Mr. Clanton that is his case file.

"I really cannot access the CD," said Battersby. Judge Killoran asked why.

"I am incarcerated and I don't have a computer," responded Battersby.

"Do you not have access to a law library? said Judge Killoran.

Battersby said no. Judge Killoran basically told Battersby that he did not believe there was no way that Battersby could not access the CD and asked him to look into options.

It should have ended there.

Ms. Mackie made a comment that if Battersby had access to his case file then the discovery request from the DA should only be neccessary if there was something additional that was not on the CD.

Judge Killoran agreed and set another court date on September 1 to see if Battersby can access the CD.

Battersby made a lot of requests and some he cannot get for various reasons. For example, he wants jurors' notes. Those are destroyed after the trial.

Battersby said he wants to contact the juror. "The prosecutor talked to the jurors in the hallway." Battersby said that Mr. Rees' friendship couldhave affected the jury's verdict.

Battersby was convicted on 12/12/2019.

Since then he has been busy. Battersby filed an appeal with the California First Apellate District. The disposition is listed below. The full opinion can be accessed via the link.

"III. DISPOSITION

The sentence on Battersby's conviction on count 3 for burglary is stayed pursuant to Penal Code section 654, and the abstract of judgment is ordered amended in that regard. The judgment is affirmed in all other respects. "

https://casetext.com/case/people-v-battersby-1