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Rudy Cardenas Court Dates this Week
Friday the 19th there is a court date at 9:00am in Dept. 33. It is at 190 W. Hedding Street. This is for the motion 995 (I think that's the motion to dismiss).
Monday November 22nd at 8:30am in Dept. 24 there is another court date. It is in the basement of 190 W. Hedding St
Monday November 22nd at 8:30am in Dept. 24 there is another court date. It is in the basement of 190 W. Hedding St
Friday the 19th there is a court date at 9:00am in Dept. 33. It is at 190 W. Hedding Street. This is for the motion 995 (I think that's the motion to dismiss).
Monday November 22nd at 8:30am in Dept. 24 there is another court date. It is in the basement of 190 W. Hedding St. I'm not really sure what this one is, all they told me when I called was that it was on the Master Trial Calendar and that it can be continued or sent to another judge. If anyone knows what this could be could you please let me know. I'm not sure of the importance of these but if you're free it would be great if you could stop by. If anyone has more information on either of these please let me know. Also if you want the case # so you can call and check on other dates just let me know.
Please see the article below. It is brief but the whole article is in "The Recorder" I think they have newsstands at the court we were at for the Grand Jury.
Thank You
State Told to Turn Files Over to DA's Office
The Recorder (http://www.law.com/jsp/ca/index.jsp)
November 15, 2004
A Santa Clara County prosecutor has prevailed in his tussle with the state Department of Justice regarding the release of potentially sensitive documents in an investigation of an officer-involved shooting. Superior Court Judge Edward Lee ruled Friday that Deputy District Attorney Lane Liroff was entitled to review both the personnel records of a narcotics supervisor and the diaries and logs of five officers who belonged to the unit involved in a fatal shooting.
Monday November 22nd at 8:30am in Dept. 24 there is another court date. It is in the basement of 190 W. Hedding St. I'm not really sure what this one is, all they told me when I called was that it was on the Master Trial Calendar and that it can be continued or sent to another judge. If anyone knows what this could be could you please let me know. I'm not sure of the importance of these but if you're free it would be great if you could stop by. If anyone has more information on either of these please let me know. Also if you want the case # so you can call and check on other dates just let me know.
Please see the article below. It is brief but the whole article is in "The Recorder" I think they have newsstands at the court we were at for the Grand Jury.
Thank You
State Told to Turn Files Over to DA's Office
The Recorder (http://www.law.com/jsp/ca/index.jsp)
November 15, 2004
A Santa Clara County prosecutor has prevailed in his tussle with the state Department of Justice regarding the release of potentially sensitive documents in an investigation of an officer-involved shooting. Superior Court Judge Edward Lee ruled Friday that Deputy District Attorney Lane Liroff was entitled to review both the personnel records of a narcotics supervisor and the diaries and logs of five officers who belonged to the unit involved in a fatal shooting.
For more information:
http://rudycardenas.net/
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My understanding that the Friday 11-19 court date is the date where the Judge will rule on whether the case against Michael Walker should be dismissed. It is not likely that the motion will be granted, but you never know in these types of cases. The 11-19 court date is probably the more important one to attend. Assuming that the Judge does not grant the motion to dismiss the case on Friday Monday 11-22 will just be for setting of dates etc.
Richard Konda
Richard Konda
SANTA CLARA COUNTY
State agency ordered to release files to D.A.
- Alan Gathright, Chronicle Staff Writer
Tuesday, November 16, 2004
A Santa Clara County judge has ordered the state Justice Department to release internal documents sought by a district attorney in the voluntary manslaughter prosecution of a state narcotics agent who fatally shot an unarmed man in the back.
The prosecution of Bureau of Narcotic Enforcement Agent Mike Walker for the Feb. 17 killing of Rudy Cardenas presents a rare clash between the Santa Clara County district attorney and Justice Department officials, who oversee the bureau and have argued that Walker acted in justifiable fear for his life.
Walker mistook the fleeing Cardenas for a fugitive who was being sought by state parole and narcotics agents. A grand jury indicted Walker in July after prosecutors took the unusual step of presenting their case in open session.
Deputy District Attorney Lane Liroff questioned Walker's claims that he had fired in self-defense, and he portrayed state agents as "Keystone Kops" who had conducted a dangerous and unnecessary car chase through downtown San Jose when the fugitive they were hunting posed no public threat, according to his own parole agent.
On Friday, Liroff won the release of daily logs kept by Walker, his supervisor and other members of his narcotics team. The prosecutor told Superior Court Judge Edward Lee that an anonymous Justice Department insider said the logs could contain "interesting material ... on when to shoot someone when they're running away,'' according to court records.
The prosecutor also obtained internal records on Walker's supervisor, Agent Steve Davies. Liroff said he had sought the records after learning that the Justice Department had reopened an internal investigation of Davies after he testified before the grand jury.
Davies testified that Walker had told him he shot Cardenas in the back as he was running away, according to court records. Davies also acknowledged that his six-page report on the shooting failed to mention any incriminating statements by Walker.
Justice Department officials would not disclose why Davies had initially been investigated or why the probe had been reopened, citing the confidentiality of personnel matters. Speaking generally, Justice Department spokeswoman Hallye Jordan said: "We, as a matter of routine, conduct an internal investigation on shooting incidents involving our agents.''
Lee ordered the confidential documents released to the prosecutor over the objections of a Justice Department attorney, who argued that the agency had disclosed all documents relevant to the Walker prosecution. The records will remain sealed while Liroff reviews them and will not become public unless the prosecutor convinces the judge the information is pertinent.
On Monday, Liroff accused Justice Department officials of stonewalling his investigation.
"I've never had a case where I needed to serve a subpoena ... on a law enforcement agency to get discovery of reports," Liroff said. "They definitely were stonewalling my access to significant information.''
Deputy Attorney General Peter Thompson countered that the prosecutor was "fishing" through Justice Department files for documents that have no bearing on the Walker case.
"My position was (prosecutors) were not conducting an investigation of the Justice Department; therefore, I did not see why they would be entitled to records other than Walker's,'' Thompson said.
The agency, Jordan said, was simply "asserting the rights of peace officers to have their personnel records kept confidential pursuant to the penal code. The court disagreed with our interpretation and we turned over the documents.''
E-mail Alan Gathright at agathright [at] sfchronicle.com
Page B - 1
URL: http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/11/16/BAGKF9RV641.DTL
State agency ordered to release files to D.A.
- Alan Gathright, Chronicle Staff Writer
Tuesday, November 16, 2004
A Santa Clara County judge has ordered the state Justice Department to release internal documents sought by a district attorney in the voluntary manslaughter prosecution of a state narcotics agent who fatally shot an unarmed man in the back.
The prosecution of Bureau of Narcotic Enforcement Agent Mike Walker for the Feb. 17 killing of Rudy Cardenas presents a rare clash between the Santa Clara County district attorney and Justice Department officials, who oversee the bureau and have argued that Walker acted in justifiable fear for his life.
Walker mistook the fleeing Cardenas for a fugitive who was being sought by state parole and narcotics agents. A grand jury indicted Walker in July after prosecutors took the unusual step of presenting their case in open session.
Deputy District Attorney Lane Liroff questioned Walker's claims that he had fired in self-defense, and he portrayed state agents as "Keystone Kops" who had conducted a dangerous and unnecessary car chase through downtown San Jose when the fugitive they were hunting posed no public threat, according to his own parole agent.
On Friday, Liroff won the release of daily logs kept by Walker, his supervisor and other members of his narcotics team. The prosecutor told Superior Court Judge Edward Lee that an anonymous Justice Department insider said the logs could contain "interesting material ... on when to shoot someone when they're running away,'' according to court records.
The prosecutor also obtained internal records on Walker's supervisor, Agent Steve Davies. Liroff said he had sought the records after learning that the Justice Department had reopened an internal investigation of Davies after he testified before the grand jury.
Davies testified that Walker had told him he shot Cardenas in the back as he was running away, according to court records. Davies also acknowledged that his six-page report on the shooting failed to mention any incriminating statements by Walker.
Justice Department officials would not disclose why Davies had initially been investigated or why the probe had been reopened, citing the confidentiality of personnel matters. Speaking generally, Justice Department spokeswoman Hallye Jordan said: "We, as a matter of routine, conduct an internal investigation on shooting incidents involving our agents.''
Lee ordered the confidential documents released to the prosecutor over the objections of a Justice Department attorney, who argued that the agency had disclosed all documents relevant to the Walker prosecution. The records will remain sealed while Liroff reviews them and will not become public unless the prosecutor convinces the judge the information is pertinent.
On Monday, Liroff accused Justice Department officials of stonewalling his investigation.
"I've never had a case where I needed to serve a subpoena ... on a law enforcement agency to get discovery of reports," Liroff said. "They definitely were stonewalling my access to significant information.''
Deputy Attorney General Peter Thompson countered that the prosecutor was "fishing" through Justice Department files for documents that have no bearing on the Walker case.
"My position was (prosecutors) were not conducting an investigation of the Justice Department; therefore, I did not see why they would be entitled to records other than Walker's,'' Thompson said.
The agency, Jordan said, was simply "asserting the rights of peace officers to have their personnel records kept confidential pursuant to the penal code. The court disagreed with our interpretation and we turned over the documents.''
E-mail Alan Gathright at agathright [at] sfchronicle.com
Page B - 1
URL: http://sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2004/11/16/BAGKF9RV641.DTL
For more information:
http://sfgate.com/cgi-bin/article.cgi?file...
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