Bracamontes v. Super. Ct.
Annotate this CasePetitioner Manuel Bracamontes was sentenced to death in 2005 for the kidnapping and murder of nine-year-old Laura Arroyo. His automatic appeal was pending with the California Supreme Court. In anticipation of a future petition for writ of habeas corpus, Bracamontes filed a motion with the San Diego County Superior Court to preserve evidence that may be relevant to such a petition. His motion sought a preservation order covering relevant physical and documentary evidence in the hands of the prosecution, various government entities, and four private individuals or entities that were the subject of this proceeding: Norman Sperber, a forensic dentist and tool mark expert; Rod Englert, a retired police officer and crime scene reconstructionist; and Orchid Cellmark, Inc. (Cellmark) and Serological Research Institute, Inc. (SERI), two forensic laboratories that conduct DNA testing and analysis. Bracamontes relied on California v. Superior Court, 2 Cal.5th 523 (Morales, 2017), which held that a court had jurisdiction to order preservation of evidence potentially subject to postconviction discovery under Penal Code section 1054.9.1 The superior court granted Bracamontes's motion in large part, but it declined to issue preservation orders to Sperber, Englert, Cellmark, or SERI, determining that evidence in the possession of these private parties would not be subject to postconviction discovery under section 1054.9 and therefore the court had no jurisdiction to order its preservation. Bracamontes challenged the superior court's determination by petition for writ of mandate, and the Court of Appeal summarily denied the petition. The California Supreme Court then granted review and transferred the matter back to the Court of Appeal for reconsideration. After reconsideration, the appellate court concluded the superior court erred by denying the preservation order directed at Cellmark and SERI; these entities participated in the investigation of Arroyo's murder at the behest and under the direction of law enforcement. “Sperber and Englert, by contrast, were retained solely for their testimony at trial as independent expert witnesses.” The Court therefore granted the petition in part and denied it in part.
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