Sanders, et al v. Ylst, et al

Filing 333

ORDER granting 318 Supplemental Motion to Expand the Record by Ronald L Sanders signed by District Judge Lawrence J. O'Neill on 7/17/2009. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 P e titio n e r Ronald L. Sanders ("Sanders") filed a motion to expand the r e c o r d April 10, 2009, concurrently with his post-evidentiary hearing brief. Respondent Robert Wong ("the Warden") filed an opposition to the motion to e x p a n d the record April 24, 2009. S a n d e r s moved to expand the record at the start of the evidentiary hearing w ith various documents relevant to the hearing. Some of the documents were fu lly admitted into the record, such as the declarations admitted as direct te s tim o n y for the hearing where the witness was available for cross-examination. ________________ * Robert Wong is substituted for his predecessor as Warden of San Quentin State P riso n , pursuant to Federal Rule of Civil Procedure 25(d). vs. R O B E R T WONG, Acting Warden o f San Quentin State Prison, R e s p o n d e n t. R O N A L D L. SANDERS, P e t it i o n e r , ) ) ) ) ) ) ) ) ) ) ) C a se No. 1:92-cv-05471-LJO D E A T H PENALTY CASE O r d e r Granting Petitioner's S u p p le m e n ta l Motion to Expand th e Record (Doc. 318) U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

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O th e r documents were admitted as part of the historical record in the case and assumed true for the purposes of this phase of the evidentiary hearing, other d o c u m e n ts were received but not offered for the truth of the matter asserted as p a r t of the basis for an expert's opinion, and other documents submitted as r e lia b le , with sufficient indicia to support admission for the hearing, such as p u b lic records. Since Sanders was not offering certain witness declarations not s u b je c t to cross-examination, for the truth of the matter asserted but merely as a b a s is for the experts' opinion, the Warden did not object to the expansion of the r e c o r d . The motion was granted during the hearing and an order reflecting that r u lin g was issued December 2, 2008. S a n d e r s seeks to supplement the record with additional documents that w e r e inadvertently omitted from the motion granted at the evidentiary hearing. S p e c ific a lly , Sanders seeks expansion of the record with the August 17, 2007, d e p o s itio n transcript of Ima Salie, the October 19, 1994 declaration of Robert C o o k , Esq., the October 10, 1994 declaration of Arlene Fangmeyer, and the death c e r tific a te s of Arlene Fangmeyer, Marian Ann Beadle (aka Marian Sanders), and D r . Francis A. Matychowiak. Sanders indicates the deposition transcript and the d e c la ra tio n s should be designated as historical documents which are presumed tr u e for this phase of the evidentiary hearing, and the death certificates d e s ig n a te d as reliable, as they are public records with sufficient indicia of r e lia b ility for these proceedings. T h e Warden objects to expansion of the record with any belated d e c la ra tio n not subject to cross-examination as hearsay, and requests that if they a re admitted, it be with the understanding they are not admitted for the truth of th e matter asserted but only as a basis for an expert opinion. Further, if they are a d m itte d , the Warden reserves the right to object to their admission at phase two 2

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o f the evidentiary hearing. The Warden does not object to the admission of Ima S a lie 's deposition transcript, to the extent that it is relied on by Sanders' experts. The Warden objects to the admission of the death certificate of Marian Beadle, as S a n d e r s failed to lay any foundation showing Marian Beadle is Marian Sanders. The Warden does not object to the admission of certified death certificates for A r le n e Fangmeyer and Dr. Matychowiak, to the extent they are referenced by e x p e r t Julie Kriegler. S a n d e r s ' supplemental motion to expand the record is GRANTED under th e same restrictions as imposed on the prior motion. The deposition transcript is fully admitted, the declarations are received as part of the basis for an expert's o p in io n but not offered for the truth of the matter asserted, and the public r e c o r d s have sufficient indicia of reliability for these proceedings. Comparison of th e proffered death certificate of Marian Ann Beadle with the Marriage License fo r Ronald Lee Sanders and Marian Ann Robertson (Sanders' Exhibit 112) shows e n o u g h similarity between Marian Beadle and Marian Robertson Sanders (same fir s t and middle names, same month and day of birth, son's last name listed as R o b e r ts o n ) for admission of the death certificate.

IT IS SO ORDERED.

D A TE D :

July 17, 2009 /s/ Lawrence J. O'Neill United States District Judge

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