June 6, 2003 Hearing Results

Information provided by Michael A. Tozzi,
Executive Officer, Superior Court:
A hearing was held this morning in Department 2 of the Superior Court,
Judge Al Girolami presiding on the following issues:


1.  Discovery matters

2.  Defense motion re sanctions

3.  Access to the audio tapes of the wiretaps

4.  The autopsy report and its release

5.  Protective Order

As to Number 1:  Due to the fact that defense had not received all of the
necessary materials, no hearing was held on Defense motions for sanctions.


As to Number 2 & 3:  A hearing date of June 26, 2003 at 8:30 a.m. in
Department 2 was set on access of the audio wiretaps to the media.  A portion
of the June 26, 2003 hearing will be held In-Camera.  The Court ordered
audio and wiretap information regarding attorney-client contact to be turned
over to the Defense and to the Prosecution but not to the media.  The Order
for the discovery was to be implemented on or before June 17, 2003 at noon.
The Defense was also ordered to file a motion on or before
June 23, 2003 if the Defense was opposed to media access to the 69 tapes.


As to Number 3: The Court ordered that the order given on May 30, 2003 was
to remain in full force and effect.  In other words, the autopsy report remains sealed.


The Court ordered the Contra Costa County Sheriff/Coroner to turn over all
information regarding the autopsy report to the District Attorney and to the
Defense saying, “Withhold nothing”.  The Court also allowed the release of the
two death certificates which can be made public. 


As to Number 4: The Court heard comments of counsel and
took the matter under submission.


The dates of July 9, 2003 for Further Pretrial and Media Coverage,
and July 16, 2003 remain calendared although there was some
discussion regarding a possible reset of the July 16, 2003 date.


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