Stevens v. Ayers

Filing 65

ORDER TO RELEASE EVIDENCE TO DEFENSE EXPERT by Judge William Alsup granting 64 Ex Parte Application (dt, COURT STAFF) (Filed on 3/5/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 CHARLES STEVENS, 11 12 13 14 15 16 17 18 ) ) Petitioner, ) ) vs. ) ) KEVIN CHAPPELL, Acting Warden of San ) Quentin State Prison, ) ) Respondent. ) _________________________________________ ) Case No. C 09-137 WHA [PROPOSED] ORDER TO RELEASE EVIDENCE TO DEFENSE EXPERT Death Penalty Case Good cause appearing therefore, IT IS HEREBY ORDERED: 19 20 21 That the Alameda County Superior Court and the Alameda County District Attorney shall release to Forensic Analytical Sciences Inc., all of the following items in their possession: 22 People’s Exhibit No. Description of Exhibits 24 30 Manila envelope—August scene 25 30H Color photo of expended shell casing 26 30I Color photo of expended shell casing 31 Manila envelope—arrest scene 31D Color photo of gun laying on ground 31E Color photo of close-up of gun laying on ground 23 27 28 Order To Release Evidence To Defense Expert 1. No. C 09-137 WHA 40 .357 Desert Eagle (handgun) 40A Black clip 40B Manila envelope with film container inside—August 40C Manila envelope with film container inside—August 4 40D Manila envelope with film container inside—August 5 40E Manila envelope with film container inside--August 6 40F Plastic baggie containing spent shell casing—August 7 40I Breech bolt from Desert Eagle .357 magnum pistol 40J Several other pieces/mechanisms from inside Desert Eagle .357 1 2 3 8 Magnum pistol 9 40K Manila envelope—which carried the Desert Eagle .357 magnum pistol which is marked People’s 40 40L Manila envelope—which carried the clip for the Desert Eagle 10 11 .357 magnum pistol which is marked People’s 40A. 12 41A Shell casing in small manila envelope—Noyer 41B One expended shell in small manila envelope—Noyer 41C One expended shell casing in small manila envelope—Noyer 15 41D One expended shell casing in small manila envelope—Noyer 16 41E One expended shell casing in small manila envelope—Noyer 17 41F One expended shell casing in small manila envelope—Noyer 18 42G One metal jacket in small manila envelope—Noyer 42A One spent metal jacket in small manila envelope—Anderson 42B Small manila envelope with 8 casing in plastic bag—Anderson 42C Manila envelope containing 2 smaller manila envelopes 42D Oakland Police property section report dated 6-7-89 22 43 Large manila envelope containing white envelope 23 43A Small white envelope containing casing—DeSilva 24 43B Large manila envelope with smaller manila envelope inside— DeSilva 43C Small manila envelope with small plastic baggie—DeSilva 43D Small plastic baggie with copper fragment and lead slug— DeSilva 44 Alameda County Coroner’s envelope containing petri dish with one slug—Rochon 13 14 19 20 21 25 26 27 28 Order To Release Evidence To Defense Expert 2. No. C 09-137 WHA 44A Plastic baggie containing bullet—Rochon 45A Alameda County Coroner’s envelope containing petri dish with one slug—August 3 45B One expended shell casing in small manila envelope—August 4 45C Film container 5 45D Plastic baggie holding shell casing 45E Manila envelope containing petri dish 45F Petri dish containing bullet fragments 50 Large blow-up of Desert Eagle 8 52A One spent casing in small manila envelope—Sloan 9 52B One spent casing in small manila envelope—Sloan 10 52C Spent casing in small manila envelope—Sloan 11 52D Spent metal jacket in small manila envelope—Sloan 52E Spent metal slug in small manila envelope—Sloan 53 Manila envelope with film container—August 53A File container with plastic baggie—August 53B Plastic baggie containing lead slug—August 15 54 Manila envelope with file container—August 16 54A File container with plastic baggie—August 17 54B Plastic baggie with lead slug—August 18 56 Manila envelope containing handgun magazine 56A One handgun magazine 56B Manila envelope with plastic baggie 56C Plastic baggie with 7 live rounds of ammunition 67 Manila envelope with petri dish—Noyer 22 67A Petri dish with bullet fragments—Noyer 23 68 Manila envelope with petri dish—Noyer 24 68A Petri dish with bullet fragments—Noyer 25 69 Manila envelope with petri dish—Noyer 69A Petri dish with bullet fragments—Noyer 70 Manila envelope with petri dish—Noyer 70A Petri dish with bullet—Noyer 71 Manila envelope with petri dish—Noyer 1 2 6 7 12 13 14 19 20 21 26 27 28 Order To Release Evidence To Defense Expert 3. No. C 09-137 WHA 71A Petri dish with bullet fragments—Noyer 72 Manila envelope with small glass vial—Noyer 72A Small glass vial with bullet fragments—Noyer 73 Manila envelope with petri dish—Noyer 4 73A Petri dish with bullet—Noyer 5 85 Manila envelope with petri dish—Sloan 6 85A Petri dish with bullet fragments—Sloan 7 86 Manila envelope with petri dish—Sloan 86A Petri dish with bullet fragments—Sloan 87 Manila envelope with petri dish—Sloan 1 2 3 8 9 87A Petri dish with bullet fragments—Sloan 10 92 Small brown paper bag 11 92A 1 cartridge in plastic baggie 12 92B Cartridge tray 13 93 Small brown paper bag 93A Large plastic baggie with two smaller baggies inside which contain bullet, shell casing and gun powder 15 93B Cartridge tray with 12 cartridges 16 94 Small brown paper bag 17 94A One gun magazine 18 94B One file container with cartridge wrapped in paper 97EE Color photo showing bag with several cartridges in Charles Stevens’ room 97II Color photo showing 13 loose cartridges stored in a cartridge tray in Charles Stevens’ room 98 Diagram blow up of cross section of revolver cartridge—Hollow point bullet 23 99 Diagram showing shooting of a gun and the effects. 24 100 Diagram showing “Cycle of Fire” of a Desert Eagle pistol 25 101 Diagram—Characteristics of the Desert Eagle pistol 102 Diagram with several magnified photos of shell casings 109 Manila envelope with a white envelope and 4 plastic baggies 109A Plastic baggie containing lead slug—Fenn 109B Plastic baggie containing lead slug—Fenn 14 19 20 21 22 26 27 28 Order To Release Evidence To Defense Expert 4. No. C 09-137 WHA 109C Plastic baggie containing lead slug—Fenn 109D 1 Plastic baggie containing lead slug—Fenn 2 3 It is further ORDERED that the Alameda County Superior Court shall release all of the above 4 that is in its possession to the Alameda County District Attorney’s Office, which shall promptly trans5 6 mit the items to Dr. Kenton Wong at Forensic Analytical Sciences, Inc., for analysis and testing. After 7 Dr. Wong has completed his analysis and testing, he shall promptly notify the Alameda County Dis- 8 trict Attorney’s Office. An agent of that office will promptly retrieve the exhibits from Forensic Ana- 9 lytical Sciences and return them to the custody of the Alameda County Superior Court. 10 11 12 IT IS SO ORDERED. March 5, Dated: ________, 2014 ________________________ 13 HON. WILLIAM H. ALSUP 14 United Stated District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Order To Release Evidence To Defense Expert 5. No. C 09-137 WHA

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