Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: ORDER GRANTING LOS ANGELES POLICE DEPARTMENT'S MOTION TO QUASH DEFENDANT'S SUBPOENA ROBERT H. WHALEY , Senior District Judge . Before the Court is a Motion to Quash Defendant's Subpoena filed ex parte by the Los Angeles Police Department, the real party in interest. On April 4, 2018, the Court requested a statement from a government attorney with personal knowledge that the government has complied with its duties under U.S. v. Henthorn, 931 F.2d 29 , 31 (9th Cir. 1991). The government
Summary: ORDER GRANTING LOS ANGELES POLICE DEPARTMENT'S MOTION TO QUASH DEFENDANT'S SUBPOENA ROBERT H. WHALEY , Senior District Judge . Before the Court is a Motion to Quash Defendant's Subpoena filed ex parte by the Los Angeles Police Department, the real party in interest. On April 4, 2018, the Court requested a statement from a government attorney with personal knowledge that the government has complied with its duties under U.S. v. Henthorn, 931 F.2d 29 , 31 (9th Cir. 1991). The government ..
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ORDER GRANTING LOS ANGELES POLICE DEPARTMENT'S MOTION TO QUASH DEFENDANT'S SUBPOENA
ROBERT H. WHALEY, Senior District Judge.
Before the Court is a Motion to Quash Defendant's Subpoena filed ex parte by the Los Angeles Police Department, the real party in interest. On April 4, 2018, the Court requested a statement from a government attorney with personal knowledge that the government has complied with its duties under U.S. v. Henthorn, 931 F.2d 29, 31 (9th Cir. 1991).
The government filed its response on April 6, 2018, in which Assistant United States Attorney Carolyn Small stated that she personally reviewed the personnel files of Los Angeles Police Department Officer Robert Del Papa, Officer Ramon Soria, and Lieutenant Roger Murphy, and does not believe there is any information that is appropriate for impeachment or admissible at trial; however, out of an abundance of caution, the government filed an in camera request for review of certain incidents found within the files. The Court has reviewed the disclosure and finds that the government need not provide them under Henthorn or Brady.
The Court finds the government has complied with its disclosure requirements. The Los Angeles Police Department's motion to quash Defendant's subpoena is GRANTED.
Accordingly, IT IS HEREBY ORDERED:
1. The Los Angeles Police Department's Motion to Quash Defendant's Subpoena is GRANTED and the subpoena is quashed.
IT IS SO ORDERED. The District Court Executive is directed to enter this Order and forward copies to counsel.
