Stanley v. Ayers

Filing 47

ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 41 Petitioner's Second Motion for Discovery. (emcsec, COURT STAFF) (Filed on 1/17/2012)

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Darren Cornelius STANLEY,
Petitioner,

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v.
Michael MARTEL, Acting Warden of
San Quentin State Prison,
Respondent.

Case Number 3-7-cv-4727-EMC
DEATH-PENALTY CASE
ORDER GRANTING IN PART AND
DENYING IN PART
PETITIONER’S SECOND MOTION
FOR DISCOVERY
(Docket No. 41)

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Proceedings in the present capital habeas action are stayed pending a determination of

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Petitioner’s competency. (Doc. No. 39 at 2.) However, the Court has carved out an exception to

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this stay for discovery granted for preservation purposes. (Id. at 3.)

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In particular, Petitioner is to depose his brother, Isaac Stanley, who was a key

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prosecution witness and is terminally ill. (Doc. No. 33 at 3.) In connection with this deposition,

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Petitioner wishes to discover possible Brady material regarding a felony prosecution against

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Isaac Stanley that was dismissed by motion of the prosecutor, purportedly in exchange for Isaac

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Stanley’s testimony against Petitioner. This material allegedly was suppressed and only recently

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was found at the Wiley Manuel Branch Courthouse of the Alameda Superior Court, where it is

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filed under seal. (Doc. No. 41 at 2–3.)

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Petitioner contends that the Alameda Superior Court “lacks jurisdiction” to disclose the
Case No. 3-7-cv-4727-EMC
ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S SECOND MOTION FOR DISCOVERY
(DPSAGOK)

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restricted material, citing Gonzalez v. Wong, No. 08-99025, 2011 WL 6061514, at *5 (9th Cir.

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Dec. 7, 2011), and a request to that court for the material would therefore be futile. (Doc. No. 41

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at 3.) However, in the present matter, unlike Gonzalez, Petitioner seeks a document in the

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court’s own file, over which the court has direct control, from a case that never was appealed to a

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higher court. Gonzalez is therefore inapplicable. Petitioner should apply directly to the Alameda

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Superior Court for access to the restricted material; if such application is denied, Petitioner may

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return to this Court to renew his discovery request. In the meantime, in light of the urgency

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created by Isaac Stanley’s abbreviated life expectancy, and as suggested by Respondent, (Doc.

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No. 42 at 3 n.2), the restricted material shall be lodged with this Court so that the Court may

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promptly review it in camera should such a review become appropriate.

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Petitioner also seeks discovery of documents in the possession of the Alameda County

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Auditor’s Office. This request is unopposed, and there is good cause to grant it. (Doc. No. 41 at

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4.)

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Good cause appearing therefor, the Court GRANTS IN PART AND DENIES IN

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PART Petitioner’s second motion for discovery, (Doc. No. 41).

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(1)

The Court denies without prejudice Petitioner’s request to issue a subpoena duces tecum

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to the Wiley Manuel Branch Courthouse, Alameda County, for records, documents, or

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writings of any kind marked “RESTRICTED” or “confidential” (by whomever so

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designated) in People v. Isaac Stanley, Case No. 337418, a case of aggravated battery

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with infliction of serious bodily injury under Penal Code § 243(d) dismissed upon oral

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motion of the prosecutor on July 17, 1990.

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(2)

A copy of all records, documents, or writings of any kind at the Wiley Manuel Branch

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Courthouse, Alameda County, that are marked “RESTRICTED” or “confidential” (by

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whomever so designated) in People v. Isaac Stanley, Case No. 337418, a case of

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aggravated battery with infliction of serious bodily injury under Penal Code § 243(d)

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dismissed upon oral motion of the prosecutor on July 17, 1990, shall be lodged under seal

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with the Court’s Death Penalty Staff Attorney, George O. Kolombatovich, for possible
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Case No. 3-7-cv-4727-EMC
ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S SECOND MOTION FOR DISCOVERY
(DPSAGOK)

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review in camera.
(3)

The Court grants Petitioner’s request to issue a subpoena duces tecum to the Alameda

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County Auditor’s Office for all records, documents, letters, affidavits, bill statements,

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accountings, cancelled checks, ledgers, or writings of any kind concerning funds sought,

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allocated, utilized, spent, or refused by counsel for Darren Stanley in the case of People

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v. Stanley, No. 103289 or No. 314662, including Walter Cannady, Richard Hove, Richard

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Humphrey, and Lincoln Mintz, including but not limited to all funds requested and

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disbursed or refused pursuant to Penal Code § 989.9, and interim or final accountings

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pursuant to § 987.2.

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This order disposes of Docket No. 41.

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IT IS SO ORDERED.

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DATED: January 17, 2012

________________________________
EDWARD M. CHEN
United States District Judge

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Case No. 3-7-cv-4727-EMC
ORDER GRANTING IN PART AND DENYING IN PART PETITIONER’S SECOND MOTION FOR DISCOVERY
(DPSAGOK)