Roberts v. Ayers, et al

Filing 487

ORDER signed by Magistrate Judge Dale A. Drozd on 12/18/13 ORDERING that by January 6, 2013, petitioner shall submit a letter to the court regarding the proposed method for the taking of Mr. Estens testimony. Petitioners counsel shall e-mail the letter to [e-mail] and copy respondents counsel on that e-mail. A copy of the subpoena for Mr. Kirk shall also be provided to the court by e-mail submission or fax. The evidentiary hearing will begin on Monday, January 13, 2014 at 9:00 a.m. in courtroom #27. It will continue through January 16, 2014. If necessary, the hearing will continue on January 22 and 23, 2014 to its completion.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY ROBERTS,

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Petitioner,

No. 2:93-cv-0254 TLN DAD
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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On December 17, 2013, the undersigned held a pre-evidentiary hearing conference in the

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above-entitled action. Assistant Federal Defenders Brian Abbington and Harry Simon appeared

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for petitioner. Attorney Robert Bloom participated telephonically, also for petitioner. Deputy

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Attorney General Glenn Pruden appeared for respondent. At that time the parties exchanged pre-

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marked exhibits and each provided the court with copies. The court confirmed the following

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witnesses to be called by petitioner for the in-court portion of the evidentiary hearing: Charles

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Kirk, Richard Urquhart, and George Cotsirilos. Mr. Pruden informed the court that a Richard

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Cavagnolo, who had previously been identified as respondent’s witness, was being withdrawn by

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respondent as a proposed witness and would not testify at the hearing. In addition, Mr.

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Abbington informed the court that petitioner’s corrections expert, James Esten, had not testified

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by deposition as originally planned. Rather, counsel are discussing a possible stipulation to a

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different method for taking Mr. Esten’s testimony.
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After discussion about the order in which petitioner’s witnesses would be called, counsel

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agreed that petitioner’s counsel would subpoena Mr. Kirk and that Mr. Pruden would accept

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service of that subpoena. Finally, counsel for both parties stated that they were aware of no

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evidentiary issues that should be resolved prior to the in-court portion of the evidentiary hearing.

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Accordingly, and good cause appearing, IT IS HEREBY ORDERED as follows:

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1.

By January 6, 2013, petitioner shall submit a letter to the court regarding the proposed

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method for the taking of Mr. Esten’s testimony. Petitioner’s counsel shall e-mail the

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letter to [e-mail] and copy respondent’s counsel on that e-mail.

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2. A copy of the subpoena for Mr. Kirk shall also be provided to the court by e-mail
submission or fax.
3. The evidentiary hearing will begin on Monday, January 13, 2014 at 9:00 a.m. in

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courtroom #27. It will continue through January 16, 2014. If necessary, the hearing

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will continue on January 22 and 23, 2014 to its completion.

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Dated: December 18, 2013

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roberts pre evi hrg conf.or

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