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