SUPERIOR COURT INQUIRY

APPENDIX A SUPERIOR COURT INQUIRY BY COUNTY INTRODUCTION The methods used to search for information regarding the special circumstances from each county will be set out below. Each data page will indicate the (1) county name and superior court information; (2) total number of inmates sentenced to death in each county; (3) method(s) available for research of the special circumstances; (4) methods used; (5) number of results obtained by each method; (6) nature of the information obtained; (7) obstacles faced where no information obtained; and (8) other information. 1

ALAMEDA 1225 Fallon Street Oakland, CA 94612 Records: (408) 272-6763 http://www.alameda.courts.ca.gov/courts/ Total Number of Cases: 55 /Attempt ing for records or files longer than 10 minutes requires a $15.00 search fee and such requests must be made in writing or in person. Not available for Criminal cases. DomainWeb Public Access Website for General Civil, Probate and Family law cases only. CitationServlet provides information about traffic citations. Limited availability. According to website, Criminal Division is unable to do any extensive research over the telephone. Other All written requests must be accompanied by a self-addressed stamped return envelope. Requests for certified copies require $0.50 for each copy plus $15.00 for the document certification. E-mail to Professor Steven Shatz. 2

AMADOR 108 Court Street Jackson, CA 95642 www.amadorcourt.org Total Number of Cases: 1 Available. None. The court does not perform record searches via the telephone for any party except Governmental Agencies. Written requests can be submitted along with required fees and a selfaddressed, stamped envelope. There is a copy charge of $.50 per page, with a certification fee of $15.00, if applicable. Check or money order only. If the case number is unknown, other specific information must be provided, such as a specific name, date of birth, social security number, driver s license, etc. There is a $15.00 search fee if the searching of the record or file takes longer than 10 minutes. 3

BUTTE 1 Court Street Oroville, CA 95965 (530) 532-7002 www.buttecourt.ca.gov Total Number of Cases: 3 There are computers available for records searching at the courthouse in Oroville. The search system on the computers is the same as the one available on the internet. Information for all non-confidential, non-sealed, case types is available on line (Civil, Criminal, Family Law, Probate, Small Claims, Traffic, etc.). Only need the last name of the defendant to do the search, but the results do not include the specific special circumstances. They do list the penal code sections for the special circumstances, though. For example, for the Hillhouse case, they listed (a)(17), PC190.2(a)(17), PC12022(b). No searches over the phone. Requests by mail should include an estimate of the year defendant was convicted, defendant s name, and any other information available. fees apply. 4

CALAVERAS 891 Mountain Ranch Road San Andreas, CA 95249 Telephone: (209) 754-6311 http://www.calaveras.courts.ca.gov/ Total Number of Cases: 1 A computer system is available, which dates back to June 1996. Records prior to that can be located in the records index books that date back to 1978. Any records prior to that may be obtained on microfilm or microfiche. Most files are stored off site, so files may have to be requested to be retrieved, which may take a day or two to get back to the court. The court will retain the file for two weeks before sending it back to storage. Not available. Not available. Send requests in writing along with a self addressed stamped envelope for return mail. Indicate the case number, party named, date of birth and date of filing (if known). If the case number is unknown, it will be considered a record request. Record searches cost $15.00. Copies are $.50 per page. 5

COLUSA 547 Market Street, Colusa CA 95932 Main: (530) 458-5149 http://www.colusa.courts.ca.gov/default.htm Total Number of Cases: 3 Public terminal available for searches. No searching fee. Not available. 2/2/07 Phone call to main number. Clerk very helpful. When provided with name of defendant, clerk was able to provide penal code section reference to special circumstance. Requests can be made by mail. Other - Fax This county also accepts requests by fax. 6

CONTRA COSTA 1111 Ward Street, Martinez CA 94553 Criminal Records Request: (925) 646-2440 http://www.cc-courts.org/ Total Number of Cases: 20 If the case is closed, the file is housed in the records unit in Health Building, 1111 Ward St. Martinez. Not available for Criminal cases. Open Access program available to access Civil, Small Claims, Family Law and Probate matters. Website states that court staff cannot look up any criminal records over the telephone. 2/7/07 Clerk stated that information could not be obtained over phone or by fax. Clerk then stated that could give disposition of case if provided with the case number or first, middle, and last name of defendant. 3/28/07 Provided clerk with case number and name of one of the defendants. Clerk stated difficulty with finding information regarding special circumstances. Clerk asked how many defendants for whom researcher needed information. When told nine defendants, clerk stated that either the researcher needed to come in person and make request or send written request per the instructions on the website. Check or money order for $5.00 for each name to be searched. Include name, date of birth (if known), and documents requested along with a self addressed stamped envelope for return mailing. For requests for criminal records, include check made out to Clerk of the Court, a self-addressed stamped envelope, the defendant s name, the defendant s birth date (if known), and the name of the documents to be copied. Certified copies are $15.00, plus $.50 per copy per page. 7

EL DORADO Department 7, 2850 Fairlane Court, Placerville, CA 95667 http://eldocourtweb.eldoradocourt.org/ Total Number of Cases: 4 The customer will be directed to look through the court index for case numbers and/or case names filed prior to 2000. If the customer is looking for a case number and/or case name filed 2000 or later, the clerk will search the computer index. Requests that involve more than 3 names will need to be provided in written form to the court and left for processing. There will be no charge for this service. All written requests will be conducted on a first come/first serve basis and will be completed within 10 business days. If the customer requests the clerk conduct a search of case numbers and/or case names filed prior to 2000, the customer must put the request in writing and provide the appropriate search fee. There is a fee for each search of records or files that requires more than 10 minutes Other - Fax Not available. Not available over the phone. If submitting search by mail, enclose a check made out to Superior Court on the payee line.if the customer is requesting copies of documents, such as sentencing information, judgment paperwork, pleadings, etc., the customer must provide the case name and/or case number. The search fee of $15.00 will apply and there will be an additional charge of $0.50 per page for copies of documents. If the case is in storage, there will be a $4.00 retrieval fee for each file requested. of records filed after the year 2000 may be submitted by fax if the customer requires only a case number result. Results of searches submitted by fax may be picked up at the Clerk s Office, may be emailed to the requestor or returned by mail in a self-addressed, stamped envelope. 8

FRESNO 1963 "E" Street Fresno, CA 93706 Archives: (559) 233-2800 http://www.fresnosuperiorcourt.org/ Total Number of Cases: 18 Available, identification required. Not available for Criminal cases. Banner CourtConnect program available for Civil General, Civil Limited, Family Law, Probate, and Small Claims matters. 2/7/07 Phone call to (559) 488-2708. Told to call (559) 488-3388, no answer, then call disconnected. 3/28/07 Phone call to (559) 488-2708. Spoke with operator/clerk and told to call same number as before. Told clerk that no one answered before. Clerk stated that usually takes 20-30 minutes before operator would answer the call. 4/6/07 Phone call to (559) 488-3388. Phone rang for two minutes, then disconnected. undetermined. 9

GLENN 526 W. Sycamore St., Willows, CA 95988 http://www.glenncourt.ca.gov/index.html Total Number of Cases: 1 Available in the Records office for no fee. Clerks are also available to do searches for a per name fee. Some of cases are available on microfilm. For cases kept at offsite, there is a two day waiting period. For cases kept in the Records office, there is no waiting period unless the case is in one of the courtrooms. Online Case Index available. Only need to know defendant s name. The special circumstances are not listed, though. Undetermined. May request this information through the mail. Requests must include the name to be searched, the type of case involved, and the approximate date of the case. Also include a search fee and any copy fees, and a self addressed envelope. Please allow five (5) working days for the search to be completed. 10

HUMBOLDT 825 Fifth Street Eureka, CA 95501 Main: (707) 445-7256 http://www.courtinfo.ca.gov/courts/trial/humboldt/ Total Number of Cases: 3 Make requests at criminal window. Window hours are 10:00 a.m. to 4:00 p.m. Not available. 2/7/07 Phone call to (707) 445-7256. No answer. Recording said only open from 10:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. 3/28/07 Phone call to (707) 445-7256. Spoke with records clerk fairly helpful. Clerk could not find actual special circumstances, but able to provide charges against defendant. Can send a request for records by mail. There is a $15.00 searching fee and $.50 per page fee for copies. 11

IMPERIAL 939 Main Street El Centro, CA 92243 Main: (760) 482-4374 http://www.imperial.courts.ca.gov/ Total Number of Cases: 3 Available, with help from clerk. Not available. 2/7/07 Phone call to (760) 482-4374. Told to call (760) 482-4256. Records clerk stated that date of birth and middle name needed to obtain information. 3/28/07 Phone call to (760) 482-4374. Provided clerk with case numbers and clerk provided information. However, not under 190.2, so probably need letter request. It would take a day to pull file. Can make requests by mail. 12

INYO 168 N. Edwards St. Independence, CA 93526 (760) 878-0319 http://www.inyocourt.ca.gov/ Total Number of Cases: 1 Fill out form for search requests, $.50 per copies, and fee of $15.00 for searches that take longer than 10 minutes Not available. 11/16/2007- Clerk willing to do search over the phone, but the birth date of the defendant is usually needed. She could not find Stankewitz in the system. Available by mail. 13

KERN 1215 Truxtun Avenue Bakersfield, CA 93301 Criminal Felonies: (661) 868-5393 http://www.kern.courts.ca.gov/ Total Number of Cases: 29 Fee if research done by clerk. Charges/Dispositions and Sentencing information available, but no information regarding special circumstances. Initial search of defendant name alone provided links to (1) Defendant name; (2) Case number; (3) Filing date; and (4) Year of birth. Therefore, each case had to be accessed individually in order to locate the Penal Code 187 charge. Further, certain cases were designated as Archived and not available for on-line research. Other Requests to look up a case are not taken over the telephone and information regarding a specific case cannot be given by telephone. Mail Requests must include the research fee to look up the case number, any copy fees that apply, and a self-addressed, stamped envelope for the response. E-mail from Art Titus (Kern County Public Defender). CJIS. 14

KINGS 1426 South Drive Hanford, CA 93230 Main: (559) 582-1010 (x 3034 Criminal) http://www.kings.courts.ca.gov/ Total Number of Cases: 4 Requests must be made either in person or by written request with the appropriate fees enclosed. Not available. Website states that clerks cannot assist with record search by phone. 4/6/07 Phone call to (559) 582-1010. Clerk provided case numbers of defendants and nature of convictions. Information regarding special circumstances available for only one of three defendants. If case number, written request with appropriate fees. If no case number, written request for case search, $5.00 fee must provide (1) specific name of defendant (2) date of birth (3) social security number (4) driver s license number and (5) violation if known. Also must provide a self-addressed, stamped envelope for the return of documents. 1989-Present Hanford Division; Pre-1989 Corcoran or Avenal Divisions. 15

LAKE 255 North Forbes Street Lakeport, CA 95453 Main: (707) 263-2374 Records: (707) 262-4279 http://www.courtinfo.ca.gov/courts/trial/lake/ Total Number of Cases: 2 undetermined. Not available. Clerk provided case number of defendant and special circumstances. undetermined. 16

LOS ANGELES Main: (213) 351-8739 http://www.lasuperiorcourt.org/ Total Number of Cases: 247 Photocopies of public records can be requested in the Clerk s Office at the appropriate court location. The Clerk s Office will conduct a name/index search when requested. Limited availability. Paid subscription or search fee to LA Court Online required to search Index of Criminal defendants. Index contains felony case records from 1973 to present. Undetermined whether case information includes special circumstances. Name indexing and case disposition information is not provided over the telephone. 4/3/07 Phone call to (213) 974-6068. Name and case number required. 4/3/07 Phone call to Archives at (213) 974-5711. No answer. Phone call to Los Angeles Superior Court Archives Manager. Left message for Mark Hoffman (archives manager). Other Results may be picked up or returned in writing in a self-addressed, stamped envelope. Jennifer Friedman 17

MADERA 209 West Yosemite Avenue Madera, CA 93637 Criminal: (559) 675-7734 http://madera.courts.ca.gov/ Total Number of Cases: 3 Requests may be made at the Criminal Division or the Sierra Division. Not available. 4/6/07 Phone call to (559) 675-7995. No answer. Provide as much information as possible, including full name(s), date of birth and any additional information available. The fee for a record search is $15.00 per name, per index. There will be an additional fee if copies of documents are requested. The fee for copies is $.50 per page. If certification is requested, an additional $6.60 per case will be assessed. 18

MARIN Civic Center Hall of Justice San Rafael, CA 94913 Main: (415) 473-4131 http://www.co.marin.ca.us/courts/ Total Number of Cases: 1 Public viewing schedule. Public computers available at the Records Management office. Court Online Index available as of 10/13/07. (Not available on 10/14/06.) E-mail to courtrecords@marincourt.org (checked twice daily). The Civil and Criminal divisions are unable to conduct research over the telephone. But, may call in advance of going in person to make sure that the file is available for viewing. 4/6/07 Phone call to (415) 473-6225. Clerk given only defendant s name and able to provide special circumstances found. Please include any pertinent information (party names, dates, desired information/document(s) to be copied), a check for the research fee plus the copy/certification fee (please refer to the Court Filing Fee Schedule) and a self-addressed, stamped manila envelope. 19

MENDOCINO 100 North State Street, Room 108 Ukiah, CA 95482 Court Clerk: (707) 463-4661 http://mendocino.courts.ca.gov/ Total Number of Cases: 1 Available. Case Index available on line for cases after 1998. The database does not give any specific information about cases, though. It only lists criminal cases as criminal or criminal non-traffic. Danielson not listed on in the Case Index, because it was a 1986 case. Undetermined. Undetermined. 20

MERCED 2260 North Street Merced, CA 95340 Main: (209) 725-4113 http://www.mercedcourt.org/ Total Number of Cases: 5 Available at Criminal Division counter. No charge for search. There is a $15.00 fee for certification and $.50 a page for copies. Not available. Limited information provided. 4/6/07 Phone call to (209) 725-4113. Gave clerk case number. Clerk reported death penalty conviction. Clerk could not provide specific conviction and told researcher to submit written request for the information. Other Available. E-mail to Wayne Alan Eisenhart (Merced County Public Defender). Referred to William A. Davis (trial counsel). 21

MONTEREY 240 Church Street Salinas, CA 93901 Main: (831) 775-5400 http://www.monterey.courts.ca.gov/ Total Number of Cases: 7 Need to know which courthouse to go to, which is indicated by the letters in front of the case number. fees include $5.00 per name, $.75 per page for copies, and $7.00 for certification. Public Access Index. Special circumstances not available. 4/6/07 Phone call to (831) 775-5400. Gave clerk case number. Clerk able to provide special circumstances for each defendant. Available. Need case or docket number, and the number included on the check. Also include a self-addressed, stamped envelope. Please allow 30 days for processing. 22

NAPA 1111 Third Street, First Floor, Napa, CA 94559 Main: (707) 299-1180 http://www.napa.courts.ca.gov/ Total Number of Cases: 2 In general, searches are performed in the computer, case files, microfiche, microfilm or indexes. If it takes more than ten minutes to identify the cases associated with a name search or to locate documents in a file, the fee is $15. Most searches will probably not take more than 10 minutes. A search is defined as identifying cases associated with a name or identifying documents associated with a name. es will be limited to a maximum of ten names or ten case records per day. fees are assessed when: There is a request for information from a case file(s) and only the name of the defendant or plaintiff is provided. In this instance, the search commences when the clerk begins searching the computer, case file, microfiche, microfilm or other resource to identify the associated case file number. There is a request for a document within a case file. If the case file number is known, the time spent searching for the document commences once you begin looking through the file. Otherwise, the time spent searching begins when the case file number must be identified in order to locate the document. Once the case file numbers are identified as the result of a name search or the requested documents within a case are located, the search activity concludes. If these activities take longer than 10 minutes, a $15 fee is assessed. Making copies not included as time involved in the search since a copy fee will be assessed at the rate of $.50 per page; certified - $15.00 fee. 23

All requests received in the mail must be accompanied by a Visa or MasterCard account number, including the expiration date. Record searches will be performed based on the information provided by the requestor. An AKA constitutes an additional or separate name search request. Only when there is proper authority may information be given to attorneys in juvenile cases, sealed cases or any cases where statute prohibits disclosure. Record Request Form available (see attached). On-line Record Request System. Website states: Court staff will continue to accommodate telephone requests from the defendant or his/her attorney for calendar or case information. All other requests for record searches must be submitted in writing to Clerk s office or in person. 4/6/07 Phone call to (707) 299-1181. Clerk stated that written request required. Available (See above). 24

ORANGE 700 Civic Center Drive West, Santa Ana, CA 92701 (714) 834-3575 http://www.occourts.org/ Total Number of Cases: 60 undetermined. Vision Public Access. Provides extensive case information, including special circumstances alleged and proved. On 2/8/2007 only civil case database available. 2/8/07 Phone call to (714) 834-2200. The Central Justice Center number for the Orange County Superior Court provides detailed instructions on how to request records. Clerk reported that charging document and jury verdict would have very little information pertaining to the special circumstances. Clerk suggested request of the Sentencing Minute Order and Abstract of Judgment and Commitment, which would contain the DOJ prison sentence. Other Request for Record form available on-line (see attached). E-mail to Greg Paraskou (Santa Barbara Public Defender). Referral to Debbie Kwast or Tom Havlena. 25

PLACER 700 Civic Center Drive West, Santa Ana, CA 92701 (530) 886-1200 http://www.placercourts.org/ Total Number of Cases: 4 undetermined. Court hours are Monday-Friday, 8:00 a.m. to 3:00 p.m. Not available. undetermined. undetermined. 26

RIVERSIDE 4100 Main Street Riverside, Ca. 92501 (951) 955-4600 http://www.riverside.courts.ca.gov/ Total Number of Cases: 65 Request for copies may be made in person in the Criminal Division at the court where the case is filed. The fee for copies is $.50 per page. If certification is requested, an additional $15.00 per document will be assessed. Following information required: (1) defendant name; (2) case number; (3) date of birth (if known); (4) specific documents requested. Open Access database available on-line provides information on Civil, Criminal (Felonies from 1990) and Traffic cases. Disclaimer regarding accuracy of information. PDF instructions available. can be conducted by (1) case number or (2) defendant name. If search by defendant name, a list of matching names will appear along with the following: (1) month/year of birth (2) case number, (3) filing date, (4) charges. For example, after typing the name Richard Booker, 10 matching names resulted along with the above information. As a result, I was able to select the PC 187 charge. Each charge was hyperlinked to additional case information: (1) defendant status; (2) defendant information; (3) charges; (4) action inquiry; (5) minutes (every phase of case available); (6) probation status; (7) case report; (8) fine information. For each of the 43 defendants, the Charges page often provided the special circumstances. For certain cases, however, it was necessary to search the minutes for the information. Since each section (phase of case) of the minutes had to be opened individually, it was easier to open up the case report, which contained the entirety of the minutes and did a find on this page for special circumstances or 190.2 and had success in locating the special circumstance information in that manner. 27

The search efforts were not 100% successful for the following reasons: 1. Case too old 2. Name search without result even though case not too old 3. Special circumstances not specified 4. Special circumstances not available This is by far the most comprehensive and helpful on-line research system. undetermined. To request copies in writing, submit a check (no cash). If total amount unknown, indicate under the amount line 'not to exceed $25.00.' The correct amount will be filled in and a receipt will be forwarded, along with the requested copies. All checks must be preprinted with makers name and address. Copy orders are filled within 7-10 working days. Include a self addressed, stamped envelope large enough to accommodate the request. 28

SACRAMENTO 720 9th Street, Sacramento CA 95814 Criminal: (916) 874-5744 http://www.saccourt.com/index/criminal.asp Total Number of Cases: 43 If case is older than 1989, you can use the public microfiche located in the Criminal Records Unit at the Downtown Courthouse or you can contact the California Department of Justice. Case Index Program provides information on cases dating from 1989 to present. Must provide the precise data such as a specific name, date of birth, social security number, driver's license number, etc. Possible to search by name only. From list of matching names, could select each entry, which resulted in a new screen providing (1) every case number associated with the name; (2) filing dates for each case; and (3) court ID. No special circumstances. According to website, if you need to speak with someone you may call 916-874-5664. The court does not provide research over the phone. The court will not confirm or deny dates of birth, social security numbers over the phone. If case number, written request and check "Not To Exceed $25.00" to cover the initial cost of the copies ($.50 per page; $15.00 for certified copy; $15.00 for searching records or files for each search longer than 10 minutes (includes index search). Court will notify ( or phone) should the cost exceed $25.00. If appropriate fees not attached, or records information incomplete, request will be returned. 29

SAN BERNARDINO Multiple Locations http://www.co.san-bernardino.ca.us/courts/flash.asp Total Number of Cases: 46 Request for copies ($.50 per page; $15.00 for certified copy) may be made in person in the Criminal Division at the court where the case is filed. Information required: (1) defendant name; (2) case number; (3) date of birth (if known); (4) specific documents requested. Open Access on-line system. Court Case Number (two-letter jurisdiction code followed by number). Case type is the prefix (i.e. RCV, RCI, SCV, SCI, etc). Example if your case number is RCV012345, your case type would be RCV and your case number would be RS012345 (RS being the jurisdiction code and 012345 being the number). All information provided by the Superior Court of California, County of San Bernardino, through this Internet service is provided "as is", with no warranties, express or implied, including the implied warranty of fitness for a particular purpose. The San Bernardino Superior Court, furthermore, does not guarantee or warrant the correctness, completeness or utility for any general or specific purpose of the data available through the access of this site. In no event shall the San Bernardino Superior Court be liable for any damages, of any nature whatsoever, arising out of the use of, or the inability to use this service. Limited case data is available on cases filed prior to 1998. Please contact the appropriate Court District for access to information on older cases. System will be unavailable from 3:30 to 4:30 AM for case updating. If the Court Case Information System does not open in a new Window, then you must disable any "pop-up blocker" software. Unable to find records for six cases. Unable to find special circumstances for ten cases. Special circumstances are listed for others. undetermined. undetermined. 30

SAN DIEGO 220 W. Broadway, San Diego, CA 92101 (619) 531-3244 http://www.sdcourt.ca.gov/portal/page?_pageid=55,1060065&_dad=portal &_schema=portal Total Number of Cases: 43 Available with fees. Court Index Inquiry System available to search by name. provided (1) case number; (2) case location; (3) date listed. Once a list of matching names results, each case number can be selected for further detail. The view case detail screen adds only the district attorney number and whether the case has been microfilmed. Clerk stated that no files could be ordered over the phone without a case number. undetermined. 31

SAN FRANCISCO 850 Bryant Street, Room 101, San Francisco, CA 94103 Record Storage: 415-553-9024 http://www.sfgov.org/site/courts_index.asp?id=3471 Total Number of Cases: 6 Available with fees. Not available. undetermined. undetermined. 32

SAN JOAQUIN 222 E. Weber Avenue, Stockton 95202 Criminal: (209) 468-2935 http://www.stocktoncourt.org/courts/criminal.htm Total Number of Cases: 11 Available, with micro fiche to look up case numbers. Clerks can help with search for $5.00 searching fee. Not available. Only for certain agencies. Can send in requests by mail. $15.00 for certified copies and $.50 for copies per page. 33

SAN LUIS OBISPO 1050 Monterey Street, Room 220, San Luis Obispo, CA 93408 Criminal: (805)-781-5670 http://www.slocourts.net/faq.cfm#crifaq Total Number of Cases: 4 Available. There are fees associated with request. Request files 1-2 weeks prior to coming to the court to view files. Not available. Clerk stated that Krebs case was a high profile case and she was not sure whether we could view the files. Told that Whisenhunt was on appeal. Asked clerk if could double check and call, but never received a call back. May make request in writing. Fees apply. 34

SAN MATEO 400 County Center, Redwood City Records: (650) 363-4711 http://www.sanmateocourt.org/ Total Number of Cases: 18 2/6/07 Researcher used court s computer index system located in the records office (which is also available on-line) to perform a name search. For each defendant, name search resulted in a list of several case numbers. For one defendant, we received a list of over 25 cases numbers. The result page included: (1) case numbers; (2) jurisdiction; (3) file date; and (4) source (location of file). Clerk narrowed down case list to the felony cases. However, took further research to find the PC 187 charge. We ordered four cases. A fifth case we tried to order (from 1986) had been destroyed. Received two phone calls from the records department supervisor inquiring about my request. Told clerk about the Commission project and clerk responded that files would be ordered and available the following week. Researcher did not hear back until March. 3/27/07 Returned to court and viewed the four files requested. Each case consisted of several boxes. The files were very organized, however, and it was easy to locate the Minutes containing the verdict. Per the court s procedure, the researcher paper-clipped the pages to request copies; however, told would not be able to get them for two days. Returned on 4/3/07 to retrieve the copy job. Public Access Website. by name or case number. by name produces list of matching names. Unable to get any information on death penalty cases. However, extensive case information available for certain civil cases. Can make a request over the phone, but have to go to the court house to view the record or find out information from the record, 48 hours after request. They hold the file for 5 days. Can make a request in writing, but have to go to the court house to view the record 48 hours after request. They hold the file for 5 days. 35

SANTA BARBARA Records: (805) 568-2778 http://www.sbcourts.org/index.asp Total Number of Cases: 10 Fill out a request slip at the court house and the record will be available the following business day, between 2:00 and 4:00 p.m. Not available for criminal cases. Public Index CD available for purchase (see attached). Spoke to a records clerk who assisted with name search over the phone in order to locate a case number. However, since 2/4 names were common, she was unwilling to search each name to find the PC 187 charge. As a result, she provided me with instructions on how to request a search and copies. Send a letter to 118 E. Figueroa St, Santa Barbara 93101. The letter should include the defendant s last name, date of birth, and charges if known. Also include a self-addressed stamped envelope and a check for applicable charges. A $15.00 search fee may apply and copies are $.50 a page. 36

SANTA CLARA 190 W. Hedding Street, San Jose, CA 95113 Hall of Justice: (408) 808-6600 http://www.sccsuperiorcourt.org/ Total Number of Cases: 30 2/6/07 Submitted a Records Research Request (form available in court). The clerk looked up each defendant by name and informed me as to whether: (1) defendant not in system; (2) too many defendants by that name in system; or (3) request possible. Out of 15 defendants, one was not in the system, six were too common and the clerk was unwilling to look further, and the remaining eight had multiple case files. The clerk said the sentence and offense dates would not help. 2/7/07 Resubmitted the request for the common named defendants to a different clerk. At that time, a different clerk informed me that I could look up the case numbers on the microfiche. The date was organized according by filing date so I was able to find each D s name and case number. At that time, I resubmitted the request for those six defendants. Researcher received a call from the records manager the next day inquiring about my request. I e-mailed the records manager my request and explained exactly what we were looking for. As a result, I received the bulk of the copy request on 2/23/07 and the remainder on 3/14/07. Not available for criminal cases. Public Access Case Information for civil, appeals, family, probate, small claims. 11/16/2007- Clerk was willing to do a search for researcher over the phone, but since we do not have the date of birth for the defendants, she was unable to complete the search. 37

Can send written request with defendant s name, date of birth, driver s license, or social security. Must have date of birth to do a search based on the name alone. 38

SHASTA 1500 Court St., Room 219, Redding, CA 96001 (530) 245-6789 http://www.shastacourts.com/menu.php?page=home Total Number of Cases: 11 Requests may be made in person in the Clerk s Office. There is a fee of $15.00 for searching records or files, for each search longer than 10 minutes, and a $15.00 fee per certification of a copy of paper, record, or proceeding on file. Index Management System, provides information from 1993 to present. You can search our Case Index on line or submit a written request for a criminal background search. The Clerk s Office will conduct a name index/name search when requested. Name searches are limited to cases filed within Shasta County. These requests may be made in person in the Clerk s Office or through the mail. The information requested may be picked up or returned by mail in a self-addressed, stamped envelope. Website states: name indexing and case disposition information is not provided over the telephone. Criminal records phone number contains a recording with specific instructions on how to make a request. If case number: submit a written request along with a check with the words "Not To Exceed $25.00" to cover the initial cost of the copies. You will be notified (by mail or phone) should the cost exceed $25.00. Checks and money orders should be made payable to "Shasta County Superior Court". Mail your request to 1500 Court Street, Room 219, Redding, California, 96001, Attention: Criminal Records. Please include a self-addressed, stamped envelope. 39

SOLANO 600 Union Avenue Fairfield CA 94533 (707) 207-7300 http://www.solanocourts.com/ Total Number of Cases: 2 Available. Solano County Superior Court has an on-line research system called Court Connect. A search can be made by defendant name. The search resulted in (1) ID number; (2) all case numbers; and (3) filing date. Each case # could be researched in more detail. In addition to the case description information from the previous page, the following information was included: (1) Case event schedule; (2) Case Parties; (3) Docket Entries; and (4) Type of charge (M or F but not specific code section). After speaking with a clerk over the phone, I was informed that the cases could only be ordered in person or in writing. Further, the records requests would only be processed on Tuesday and Friday between the hours of 8-3 when trips to the warehouse were made. (See above.) 40

SONOMA 600 Administration Drive Room 110 J Santa Rosa, CA 95403 Archives: (707) 521-6500 http://www.sonomasuperiorcourt.com/index.php Total Number of Cases: 5 undetermined. Not available. Researcher waited 20 minutes before I was able to speak with a clerk. The phone hours are 8:00 noon only. The Sonoma County Superior Court website provides an Archived Records Request Form (see attached, which can be filled out and mailed to the court. The office is open from 8:00 a.m. 4:00 p.m., M, W, and F, and 8:00-6:00 on Thursday. 41

STANISLAUS 800 11th Street Modesto, CA 95354 (209) 558-6000 http://www.stanct.org/ Total Number of Cases: 12 On-Line undetermined. The Stanislaus County Superior Court website provides a Case Index Order Form to order a 2-CD set of the Court Case Index, which is updated quarterly and includes cases filed 1900-1999, and 2000- present. The cost is $15.00. (See form attached.) However, the same is available on-line. A search can be conducted by defendant name. However, the only information that is available includes: (1) Party Role (e.g. D, RSP, etc.); (2) Case #; (3) File Date; (4) Type/Code (e.g. CR, FAM, etc.); (5) Cause of Action/Case Category/Charge Code (e.g. MISDEM, DV, etc.); (6) Case name; (7) File location; and (8) Status (e.g. open/closed). undetermined. undetermined. 42

SUTTER 446 Second Street Yuba City, CA 95991 http://www.suttercourts.com/ Total Number of Cases: 1 Public access terminals available at court house. There is a $15 fee per name for searches longer than 10 minutes, prior to 1994. There is a $15 fee for certified copies. Not available. They cannot do searches over the phone. Requests should be submitted with self-addressed envelope, with a check for the applicable fees. 43

TULARE County Civic Center (221 Mooney Blvd.) Visalia, California 93291 (559) 733-6348 http://www.tularesuperiorcourt.ca.gov/ Total Number of Cases: 17 Computer available for record searches in Room 124. Not available. Available, depending on how many cases and if the clerk is available. undetermined. 44

TUOLOMNE 60 N. Washington Street Sonora, CA, 95370 Criminal Division: (209) 533-5563 www.tuolumne.courts.ca.gov/ Total Number of Cases: 1 Requests for record searches may be made in person at the Branch Location of the Superior Court. The fee for a record search performed by the court staff is $15.00 per name, per index. Requests for copies may also be made, with a fee of $.50 per page. There are also terminals available at the court house for records searches. Not available. Not available. To request a record search by mail, provide as much information as possible, including full name(s), date of birth, and any additional information available. The fee for a record search is $15.00 per name, per index. There will be an additional fee if copies of documents are requested, at $.50 per page. There is a standard form available on line for the request. 45

VENTURA 800 South Victoria Avenue, Ventura, CA 93009 Ventura Court House Records Division: (805) 654-2880 http://www.ventura.courts.ca.gov/ Total Number of Cases: 17 There are public access terminals available in the lobbies of Room 210 and 218 of the Hall of Justice in the Ventura Courthouse and also in the lobbies of the East County and Juvenile Courthouses. There is no fee to utilize these terminals. Requests can also be submitted to the clerk at the Records counters in each of the courthouses to search for the record. The fee for a search is $5.00 per name. Fees can be paid via cash or check. Other On-line research system available. However, name and date of birth required. The system contains cases after January 1, 1989. Not available. K. Frawley (Chief Deputy District Attorney) providing Requests by mail can be made to either courthouse with a self addressed stamped envelope and a check made out to Ventura Superior Court for $5.00. Include the name to be searched, the type of case involved, and the approximate date of the case. Be sure to include fees for any copies that may needed. Copies are $.50 per page. If the copies need to be certified, there is a $15.00 fee in addition to the per page fee. Letter from Michael information requested regarding special circumstances alleged and proved. 46

YOLO 725 Court Street, Room 111 Woodland, CA 95695 (530) 406-6705 www.yolocourts.com/ Total Number of Cases: 1 Can submit requests on the counter of the Criminal Division, or can use Public Access Terminals in the lobby of the Criminal Division in Room 111. To use the Terminal, the case number or the full name of the defendant is needed. For searches done by the clerks, there is a fee charge of $15.00 per name to be searched, and copying fee of $.50 per page. There is an on line criminal system available, but it appears to be for current cases only. Need the case number or driver s license of defendant and the birth date. Not available. Requests may be in writing through the U.S. mail, with a check or money order. Same fees as above. 47

YUBA 215 Fifth Street, Suite 200 Marysville, CA 95901 Main: (530) 749-7600 www.yubacourts.org/ Total Number of Cases: 1 Can view files on the computers in the information center. If making a copy request, it will take at least 48 hours. Not available. Not available. All requests for record searches must be submitted in writing to the Criminal Division, along with a $15.00 fee for EACH name to be searched. Copy fees are $.50 per page. Certified copy fees are $15.00 per document plus $.50 per page. Submit a self-addressed stamped return envelope with the request. 48

Appendix C The following is a breakdown of CA Penal Code section 190.2 Special Circumstances: 190.2(a)(1) 190.2(a)(2) 190.2(a)(3) 190.2(a)(4) 190.2(a)(5) 190.2(a)(6) 190.2(a)(7) 190.2(a)(8) 190.2(a)(9) 190.2(a)(10) 190.2(a)(11) 190.2(a)(12) 190.2(a)(13) 190.2(a)(14) 190.2(a)(15) 190.2(a)(16) 190.2(a)(17) Financial Gain Prior Conviction First or Second Degree Murder Multiple Murder see Kimble re People v. Allen (1986) 42 Cal.3d 1222. Explosive Concealed Resisting Arrest/Escape/Flight Explosive Mailed Peace Officer Federal Agent Firefighter Witness Prosecutor Judge Elected or Appointed Official Especially Heinous, Atrocious, or Cruel Lying in Wait Protected Class Felony Murder 49

(A) (B) (C) (D) (E) (F) (G) (H) (I) (J) (K) (L) Robbery Kidnapping Rape Sodomy Lewd or Lascivious Act Child Oral Copulation Burglary Arson Train Wrecking Mayhem Rape By Instrument Carjacking 190.2(a)(18) 190.2(a)(19) 190.2(a)(20) 190.2(a)(21) 190.2(a)(22) Torture Poison Juror Drive-By Shooting Gang 50

Appendix D CA penal Code Section 4500 West's Ann.Cal.Penal Code 4500 4500. Assault with means of force likely to produce great bodily injury Every person while undergoing a life sentence, who is sentenced to state prison within this state, and who, with malice aforethought, commits an assault upon the person of another with a deadly weapon or instrument, or by any means of force likely to produce great bodily injury is punishable with death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to the provisions of Sections 190.3 and 190.4; however, in cases in which the person subjected to such assault does not die within a year and a day after such assault as a proximate result thereof, the punishment shall be imprisonment in the state prison for life without the possibility of parole for nine years. For the purpose of computing the days elapsed between the commission of the assault and the death of the person assaulted, the whole of the day on which the assault was committed shall be counted as the first day. Nothing in this section shall be construed to prohibit the application of this section when the assault was committed outside the walls of any prison if the person committing the assault was undergoing a life sentence and was serving a sentence to a state prison at the time of the commission of the assault and was not on parole, on probation, or released on bail pending an appeal. 51

Appendix E California Rule of Court 34 Formerly cited as CA ST A Rule 34 WEST'S ANNOTATED CALIFORNIA CODES CALIFORNIA RULES OF COURT TITLE 8. APPELLATE RULES DIVISION 1. RULES RELATING TO THE SUPREME COURT AND COURTS OF APPEAL CHAPTER 9. APPEALS FROM JUDGMENTS OF DEATH ARTICLE 1. GENERAL PROVISIONS >> Rule 8.600. In general (a) Automatic appeal to Supreme Court If a judgment imposes a sentence of death, an appeal by the defendant is automatically taken to the Supreme Court. (b) Copies of judgment When a judgment of death is rendered, the superior court clerk must immediately send certified copies of the commitment to the Supreme Court, the Attorney General, the Governor, and the California Appellate Project in San Francisco. 52