M.M. v. County of Kern et al

Filing 30

STIPULATION and ORDER 29 that the Video (#PM5) is Authentic and May Be Used as Evidence Without Further Authentication and/or Foundation, signed by Magistrate Judge Jennifer L. Thurston on 4/6/2017. (Hall, S)

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MARK L. NATIONS, INTERIM COUNTY COUNSEL
By: ANDREW C. THOMSON, DEPUTY (SBN 149057)
KATHLEEN RIVERA (SBN 211606)
Kern County Administrative Center
1115 Truxtun Avenue, Fourth Floor
Bakersfield, CA 93301
Telephone [phone]
Fax [phone]
Attorneys for Defendants County of Kern,
Kern County Sheriff’s Department, Scott
Wall, Daniel Willis & Dennis Coffee

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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M.M., a minor, by and through her
guardian DAVID EVANKOVICH,

)
)
)
Plaintiff,
)
vs.
)
)
COUNTY OF KERN; KERN COUNTY )
SHERIFF’S DEPARTMENT; SCOTT )
WALL; DANIEL WILLIS; DENNIS )
COFFEE; and DOES 1 through 100,
)
Inclusive,
)
Defendants.
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)

CASE NO. 1:16-CV-00376-DAD-JLT
STIPULATION THAT THE VIDEO (#PM5)
IS AUTHENTIC AND MAY BE USED AS
EVIDENCE WITHOUT FURTHER
AUTHENTICATION AND/OR
FOUNDATION; [PROPOSED] ORDER
(Doc. 29)

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COME NOW the Parties in this matter, Plaintiff M.M., a minor, by and through her

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guardian David Evankovich (hereinafter “Plaintiff”) and Defendants, County of Kern, Kern

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County Sheriff’s Office, Scott Wall, Daniel Willis and Dennis Coffee (hereinafter collectively

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“County Defendants”) (hereinafter Plaintiff and Defendants are collectively the “Parties”), by

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and through their respective attorneys of record, and present this Stipulation that the video of

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the Incident, shot by an unknown source that requested anonymity, but was provided to Channel

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17 News in an unedited version, is authentic video, and thereby respectfully agree to a Court

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STIPULATION RE: AUTHENTICITY OF VIDEO (#PM5); [PROPOSED] ORDER
_____________________________________________________________________________________ ________________

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Order that the video is authentic and may be used at trial without further authentication
and/or foundation.

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THE PARTIES FIND AND AGREE AS FOLLOWS:

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1.

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Whereas, the Parties acknowledge that Kern County Sheriff’s Office (hereinafter

“KCSO”) Report SR15-19003, page 61 of 73, states:
PHYSICAL EVIDENCE:
Item #PM5. One compact disc containing cell phone video footage.
CHAIN OF EVIDENCE:
A cell phone video of the incident being investigated in this case was provided to
the Channel 17 news by a citizen whom wished to remain anonymous. SUZANNE
SULLIVAN of the Channel 17 news station provided the Kern County Sheriff`s
Department`s Public Information Officer RAY PRUITT a copy of the video.
PRUITT gave the copy to me which I kept in my care and custody until I booked it
as evidence into the property room.
DETAILS:
On 7/27/15 Channel 17 news aired a video on the 11 o`clock news of the officer
involved shooting which occurred on 7/24/15 at Standard Park. The video was
given to the news by a bystander who was at the park when the incident took
place. The person requested his/her identity not be revealed. The video aired on
the news was obviously edited.
On 7/28/15 I spoke with RAY PRUITT (Public Information Officer) and requested
he contact Channel 17 news in an attempt to gain a copy of the unedited version
of the video for evidentiary purposes.
At about 1530 hours on 7/28/15 PRUITT provided me a compact disc which
contained the video footage which was given to Channel 17 news.
The video appeared to be unedited. PRUITT said SUZANNE SULLIVAN of
Channel 17 gave him the disc at 1450 hours on this date. I kept the disc in my
care and custody until I booked it as evidence into the property room.

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2.

Whereas, the subject unedited version of the video portion of the subject Video

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was received by KCSO from the television station and booked into evidence as Item #PM5 and

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has been made available to all Parties in this matter;

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3.

Whereas, counsel for all Parties have viewed the video portion of the subject

Video, and have met and conferred regarding the authenticity of the subject Video; and
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Whereas, counsel for the parties have concluded the video portion of the subject

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Video is authentic and accurately reflects the incident events which were recorded on the

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subject Video;
STIPULATION RE: AUTHENTICITY OF VIDEO (#PM5); [PROPOSED] ORDER
_____________________________________________________________________________________ ________________

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THEREFORE, IT IS HEREBY STIPULATED by and between the Parties and the
Parties request that this Court issue an evidentiary order, as follows:

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The video portion of the subject unedited Video, booked into KCSO evidence as Item

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#PM5, is authentic and accurately reflects the incident events which were recorded on the

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subject Video, and the video portion of the subject Video may be used as evidence in this

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matter, including at trial, without the need for further authentication and/or foundation.

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Dated: April 5, 2017

MARK L. NATIONS, INTERIM COUNTY COUNSEL

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By /s/ Andrew C. Thomson
Andrew C. Thomson, Deputy
Attorneys for Defendants County of Kern,
Kern County Sheriff’s Department,
Daniel Willis & Dennis Coffee

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_

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Dated: April 5, 2017

RODRIGUEZ & ASSOCIATES

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By /s/ Joseph Whittington
Joel T. Andreesen, Esq.
Joseph Whittington, Esq.
Attorneys for Plaintiff

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ORDER

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Based upon the stipulation of the parties, the Court ORDERS:
1.

The video portion of the subject Video (KCSO Item #PM5), described herein,

may be used as evidence in this matter, including at trial, without the need for further
authentication and/or foundation.
IT IS SO ORDERED.

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Dated:

April 6, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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STIPULATION RE: AUTHENTICITY OF VIDEO (#PM5); [PROPOSED] ORDER
_____________________________________________________________________________________ ________________

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