Video Software Dealers Association et al v. Schwarzenegger et al

Filing 26

DECLARATION of Zackery P. Morazzini filed byArnold Schwarzenegger, Bill Lockyer. (Morazzini, Zackery) (Filed on 11/10/2005)

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Video Software Dealers Association et al v. Schwarzenegger et al Doc. 26 Case 5:05-cv-04188-RMW Document 26 Filed 11/10/2005 Page 1 of 3 1 BILL LOCKYER Attorney General of the State of California 2 LOUIS R. MAURO Senior Assistant Attorney General 3 CHRISTOPHER E. KRUEGER Supervising Deputy Attorney General 4 SUSAN K. LEACH Deputy Attorney General 5 ZACKERY P. MORAZZINI, State Bar No. 204237 Deputy Attorney General 1300 I Street, Suite 125 6 P.O. Box 944255 Sacramento, CA 94244-2550 7 Telephone: (916) 445-8226 Fax: (916) 324-5567 8 Email: Zackery.Morazzini@doj.ca.gov 9 Attorneys for Defendants 10 Governor Arnold Schwarzenegger and Attorney General Bill Lockyer 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I, ZACKERY P. MORAZZINI, declare as follows: 1. I am an attorney at law, duly admitted to all courts of the State of California and v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; et al., Defendants. IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIDEO SOFTWARE DEALERS and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, CASE NO. C 05 4188 RMW RS DECLARATION OF ZACKERY P. MORAZZINI 26 before the United States District Court for the Northern District of California, and am one of the 27 attorneys of record for Governor Arnold Schwarzenegger and Attorney General Bill Lockyer, 28 named as defendants in this action. I have personal knowledge of the following and if asked to MORAZZINI DECLARATION VSDA v. Schwarzenegger, et al. Case No. C 05 4188 RMW RS 1 Dockets.Justia.com Case 5:05-cv-04188-RMW Document 26 Filed 11/10/2005 Page 2 of 3 1 testify thereto could do so competently. 2 2. On or about October 25, 2005, I obtained a copy of a video tape, titled ":Video Game 3 Violence Sampler TRT: 5min.," containing clips of various video games from Adam J. Keigwin 4 of Assembly Member Leland Yee's office at the State Capitol. See Declaration of Adam 5 Keigwin, filed concurrently herewith. A true and correct copy of said tape is being lodged 6 herewith as Exhibit A. 7 3. Between the dates of November 3 through November 4, 2005, I personally traveled to 8 the Senate Judiciary Committee office, Assembly Judiciary Committee office, and the Assembly 9 Committee on Arts, Entertainment, Sports, Tourism, and Internet Media office. I obtained the 10 committee files for AB 1179 and AB 450 from each individual office. I personally copied, or 11 caused to have copied in my presence, materials relevant to the present proceedings obtained 12 from the following files, true and correct copies of which are bates stamped and included in 13 Appendices A-C, as follows: 14 15 16 17 18 19 20 4. Appendix A consists of material copied from the Assembly Judiciary Committee file on AB 450; Appendix B consists of material copied from the Senate Judiciary Committee file on AB 450; Appendix C consists of material copied from the Assembly Committee on Arts, Entertainment, Sports, Tourism, and Internet Media file on AB 450. The following materials had missing pages in the original legislative files, apparently 21 due to photocopying errors, likely due to the double sided originals copied. Therefore, copies of 22 these materials in their entirety are included in Appendix D, as follows: 23 24 25 26 27 28 Assembly Judiciary Committee file on AB 450, Gentile, et al., The Effects of Violent Video Game Habits on Adolescent Hostility, Aggressive Behaviors, and School Performance, Journal of Adolescence 27 (2004) 5-22; Senate Judiciary Committee file on AB 450, Uhlmann & Swanson, Exposure to Violent Video Games Increases Automatic Aggressiveness, Journal of Adolescence, 27 (2004) 41-52; MORAZZINI DECLARATION VSDA v. Schwarzenegger, et al. Case No. C 05 4188 RMW RS 2 Case 5:05-cv-04188-RMW Document 26 Filed 11/10/2005 Page 3 of 3 1 5. Material obtained from the Assembly Judiciary Committee file on AB 450 shows that 2 the Legislature was referred to additional articles and studies relevant to the issues presented in 3 this matter. See Appendix A, A014, ""Violent Video Game Bibliography." True and correct 4 copies of relevant materials cited therein are included in Appendix E. 5 I declare under penalty of perjury that the foregoing is true and correct, executed this 10th 6 day of November, 2005, at Sacramento, California. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORAZZINI DECLARATION VSDA v. Schwarzenegger, et al. Case No. C 05 4188 RMW RS 10202939.wpd /s/ Zackery P. Morazzini ZACKERY P. MORAZZINI 3

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