Wilridge v. Marshall

Filing 104

ORDER allowing witness Anthony Watson to appear via video conference. Signed by Judge Susan Illston on 1/23/15. (tfS, COURT STAFF) (Filed on 1/23/2015)

LAW OFFICE OF
1 ERICK L. GUZMAN
2 Cal. Bar No. 244391
740 4th St.
3 Santa Rosa, California, 95404
T: 707.595.4474; F: 707.540.6298
4 E: [e-mail]
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Attorney for Defendant

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UNDER SEAL1

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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12 QUINN WILRIDGE,
Plaintiff,

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CASE NO. CV-09-2236-SI
EX PARTE APPLICATION TO ALLOW
WITNESS ANTHONY WATSON TO
TESTIFY VIA VIDEO CONFERENCE

v.

15 JOHN MARSHALL, WARDEN,
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Defendant.

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I
BACKGROUND
Mr. Wilridge anticipates calling Anthony Watson as a witness for the upcoming

22 evidentiary hearing. Mr. Watson is currently housed at California Men’s Colony, San Luis
23 Obispo. This Court has already signed a subpoena directing Mr. Watson to appear at the
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This pleading is being filed under seal because it reveals sensitive medical
26 information regarding Mr. Watson. Undersigned counsel will provide a copy of this
27 pleading to opposing counsel at the time of filing.

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Case No. CV-09-2236-SI

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upcoming hearing. However, there is an issue with Mr. Watson traveling to San Francisco.

2 Mr. Watson suffers from hepatitis C, genotype 1a stage 3-4. See Exhibit A. It is the
3 understanding of undersigned counsel that this is a relatively rare form of hepatitis. Further,
4 he is currently under a sensitive medication regime to treat the hepatitis C and the resultant
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liver problems. See id. For example, there is one medication that has to be administered on
a very specific timetable.

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Based on this situation, there is a concern that traveling to San Francisco would

9 interfere with Mr. Watson’s medical treatment, and that the necessary medicine/treatment
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will not be available at whichever temporary facility they house Mr. Watson for the day
prior to the hearing.
I have raised this issue with Ms. Jill Thayer, Esq., counsel for the Government in this

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14 case. She has stated that she does not oppose this request to have Mr. Watson testify via
15 video-conference.
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If a video-conference cannot be arranged, then Mr. Wilridge requests that Mr.
Watson be allowed to testify telephonically. Undersigned counsel does not know Ms.
Thayer’s position regarding Mr. Watson testifying telephonically.
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Case No. CV-09-2236-SI

II

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DECLARATION OF COUNSEL IN SUPPORT

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3 I, Erick L. Guzman, Declare the following under penalty of perjury:
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1.

I am the attorney record in the above case. I was appointed pursuant to the
Criminal Justice Act;

2.

I am admitted to practice in California, and the Northern District of
California;

3.

I have spoken with Mr. Watson and reviewed the medical documentation he
has provided, and I do believe traveling from San Luis Obispo to San
Francisco could pose a health risk to Mr. Watson given his sensitive medical
situation, and the related medication schedule he is on.

4.

I do believe the Litigation Coordination department of California Men’s
Colony, San Luis Obispo has the facilities to allow Mr. Watson to testify via
video-conference.

5.

I do believe the Litigation Coordination department of California Men’s
Colony, San Luis Obispo has the facilities to allow Mr. Watson to testify
telephonically.

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III

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CONCLUSION

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Mr. Wilridge respectfully requests this Court to order that Mr. Watson be allowed to

18 testify via video-conference, and he not be brought to San Francisco for the upcoming
19 evidentiary hearing.
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DATED: January 21, 2015

Respectfully submitted,

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By

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Erick L. Guzman
Attorney for Wilridge

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Case No. CV-09-2236-SI

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UNDER SEAL

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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9 QUINN WILRIDGE,
Plaintiff,

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No. CV 09-2236-SI
[PROPOSED] ORDER AUTHORIZING
ANTHONY WATSON TO TESTIFY VIA
VIDEO-CONFERENCE, OR, IN THE
ALTERANTIVE, ALLOWING MR.
WATSON TO TESTIFY
TELEPHONICALLY

v.

12 JOHN MARSHALL, WARDEN
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Defendants.

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For good cause shown, IT IS ORDERED that Anthony Watson be permitted to
testify via video for the upcoming February 4, 2015 evidentiary hearing.
IT IS FURTHER ORDERED that, in the alternative, if video-conference is not

19 available, that Mr. Watson be permitted to testify telephonically for the upcoming February
20 4, 2015 evidentiary hearing.
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IT IS FUTHER ORDERED that Anthony Watson not be transported to San

22 Francisco for the evidentiary hearing.
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Accordingly, the previously signed writ ad

testificandum be vacated as to Anthony Watson only.
IT IS SO ORDERED.
Dated: 1/23/15

___________________________
HON. SUSAN ILLSTON
District Judge

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Case No. CV-09-2236-SI

Exhibit A