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RUTH C. ROSE, ESQ. #145887

433 N. CAMDEN DRIVE, SUITE 600
BEVERLY HILLS, CA. 90210
(323) 458-3107
Attorney for Belvin Pugh

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

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INFORMAL REQUEST FOR DISCOVERY

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THE PEOPLE OF THE STATE OF

CALIFORNIA,

) Case No.: 4WA10072

)
) INFORMAL REQUEST FOR
Plaintiff,
) DISCOVERY PURSUANT TO CAL. PEN.
)
v.
) CODE 1054
)
)
01 BELVIN PUGH (03/08/1964),
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Defendant.
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TO THE DISTRICT ATTORNEY OF THE ABOVE-ENTITLED COUNTY:

NOTICE IS HEREBY GIVEN that I, attorney Ruth C. Rose presently represent

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Defendant Belvin Pugh who is charged with a violation of Cal. Vehicle Code Section 23152(a).

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In accordance with the provisions of Penal Code Section 1054 the Defendant Belvin Pugh
requests disclosure and production of the materials and information listed below, within 30 days

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of the date of delivery of this request.

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MEMORANDUM OF POINTS AND AUTHORITIES

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The law favorers disclosure in criminal proceedings

CAL. PEN. CODE 1054 should be interpreted to give effect to all of the following
purposes:
(a) To promote the ascertainment of truth in trials by requiring timely pretrial discovery.
(b) To save court time by requiring that discovery be conducted informally between and among
the parties before judicial enforcement is requested.

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(c) To save court time in trial and avoid the necessity for frequent interruptions and

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postponements.

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(d) To protect victims and witnesses from danger, harassment, and undue delay of the

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proceedings.

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INFORMAL REQUEST FOR DISCOVERY

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(e) To provide that no discovery shall occur in criminal cases except as provided by this chapter,
other express statutory provisions, or as mandated by the Constitution of the United States.
It is requested that the following document and or inmaformation be disclose
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Any and all police reports, supplemental reports or the like made in conjunction with

this case.

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this defendant.

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Any and all citations or tickets issued in this matter.

4.

Any and all statements, oral, written or otherwise recorded or preserved in any

manner, attested to, signed by or not, alleged to have been made by the Defendant to any person

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Any and all pre-booking, booking, or post booking reports or supplements regarding

at any time regarding the facts or circumstances of this case.

5.

Any and all names, addresses and phone numbers of any persons who may be called

to testify against Defendant at trial or any other hearing on issues related to this case.
6.

Any and all statements made by any of the aforementioned witnesses, oral or

written, recorded in any manner, attested to or signed or not by them.

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7.

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aspect of the offense, investigation or analysis conducted in this case, whether favorable or

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unfavorable to the defense, regardless of the prosecution's intent to call these persons as

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witnesses in any hearing(s).

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8.

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written, recorded in any manner, attested to or signed, or not, by them.

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9.

Any and all names, addresses and phone numbers of any percipient witnesses to any

Any and all statements made by any of the aforementioned witnesses, oral or

Any and all audio or visual recordings of the Defendant, the scene, or any other facts

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or circumstances related to the above offense however recorded and maintained.

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Any and all criminal records allegedly relating to this Defendant.

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Any and all criminal records of witnesses the prosecution intends to call at trial or

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hearing, whether felony or misdemeanor, and the probation status, if any, of these persons or

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any other relevant impeachment material of a witness.

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INFORMAL REQUEST FOR DISCOVERY

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Any and all other favorable or exculpatory evidence, information, and documents, in

the possession of the District Attorney , any police department, or other agency or person

available to the prosecution through due diligence.

13.

Any and all tapes, printouts, or other communication from any police, fire, or other

dispatch regarding this offense.

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14.

Any and all recordings, printouts or other memoralizations of any point to point

communication by any person involved in this matter.

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Any and all 911 or other calls to the police regarding this matter however recorded

or preserved. Any and all video recording that recorded the events on 11/10/2013.

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NOTICE IS HEREBY GIVEN THAT THE DEFENSE REQUESTS ANY AND ALL

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ORIGINAL TAPES OF COMMUNICATION REGARDING THIS EVENT BE PRESERVED

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FOR INSPECTION.

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16.

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The specific name of the State's expert who will testify as a technical supervisor and

will interpret the breath test device results.

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A copy of the breath test device record of the Defendant.

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Copies of all training and operation manuals or other pertinent training information

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given to the breath test device operator and technical supervisor for their certification and for

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meeting proficiency requirements as pursuant to California statute.

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The basic practical and educational requirements for the Breath Test Division Staff

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responsible for the maintenance and the calibration of the evidential breath alcohol test devices.

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Included in this request is the identification of any and all basic training requirements and all

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annual or periodic refresher-training requirements for the people responsible for the

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maintenance and calibration of the evidential breath testing equipment.

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INFORMAL REQUEST FOR DISCOVERY

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An outline of the course work and the results of any proficiency testing performed

by the people responsible for the maintenance and the calibration of the breath alcohol device.

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other memoranda, of testing performed through use of the breath test device and simulator

Computer-generated copies of all reports, testing logs, records, computer data, or

machines used to test Defendant herein beginning 30 days before date the Defendant was

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arrested and 14 days after said date.

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chemical test section subsequent to the approval/selection/purchase of the breath test device.

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A copy of all tests, testing protocols and lab data collected by or on the behalf of the

This request includes, but is not limited to: (a) any and all testing of the accuracy, precision, and

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safeguards; (b) any and all pre-installation certifications; (c) any and all in-house and/or

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independent lab testing; (d) a copy of the owner's and /or user's manual for the data

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acquisition/management program that the Breath Test Division is using for the tests conducted

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on the breath alcohol device.

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A listing of all databases collected from the breath alcohol device and identification

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of data fields for each of the databases.

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24.

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alcohol device's computer data files (e.g. INV indicates mouth alcohol, RFI indicates radio

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frequency interference, etc.).

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A listing of all codes, shorthand, messages, and/or acronyms used in the breath

Copies of the quality assurance plan, warranties, cautions, constraints and FCC

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notices that are provided by the manufacturer of the breath alcohol device.

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device and any other materials utilized in the training of the Breath Test Division Staff on the

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A copy of the maintenance, calibration and operators manuals for the breath alcohol

basic calibration.

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INFORMAL REQUEST FOR DISCOVERY

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Copies of any and all correspondence, memos, letters, e-mails, notes, etc., either to

or from any of the Breath Test Division Staff addressing the operation and/or performance of

the breath alcohol device.

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The written automobile inventory procedures of the law enforcement agency that

impounded and inventoried the Defendant's vehicle and the written inventory of the vehicle.

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Copies of all California State Department of Health and the arresting agency's

internal memoranda, advisories or notices, or those sent from the manufacturers of the breath

test device and simulator of the type that were used to test the Defendant for intoxication on the

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date he was arrested that generally provide information that these machines possibly suffer from

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a design defect or that they may be subjected to false reading or errors due to outside

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interference.

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30.

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specific breath test device that was used to test the Defendant.

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Production of a comprehensive summary (history) of all invalid tests or errors of the

An opportunity for defense experts to view, photographically record, and test the

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breath test device and simulator machine that were used the day the Defendant was arrested to

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test the Defendant for intoxication.

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record other electronic devices in the breath test device and simulator rooms, as well as

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An opportunity for defense experts to view, inspect, diagram and photographically

adjoining (side, above or below ) and nearby rooms (within approximately 100 feet) that may

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emit radio frequency interference, i.e., photocopying machines, radio transmitters, microwave

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oven, computer terminals, etc . This opportunity includes photocopying of instruction and

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service manuals for any electrical or electronic devices located in the area. In addition, if said

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service manuals are not available, the State will produce them prior to trial.

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INFORMAL REQUEST FOR DISCOVERY

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A detailed description of any repairs, charges, deletions, modifications, or

adjustments, made to both the simulator and breath test device used to test the defendant herein.

These productions are to include all records, computer data and memoranda of the repairs and

the reasons therefore.

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All training manuals used by and in possession of the arresting officer in this case for

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which he received his certification to perform standardized field sobriety testing. This request

for production is for the specific manual or replacement manual, which was personally issued to

the officer. This request includes any and all handouts, documents or other training materials

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and notes received by the officer or taken by the officer during the field sobriety test

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certification process. In the event the officer should not have this manual and materials, this

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production is to include a written explanation as to their whereabouts.

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who participated in this case that they received during their training and certification to operate

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All training manuals that are in possession of the arresting and investigating officers

the breath test device. This request is to include the original California State Department of

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Health Breath Test Operator Manual or a replacement manual, which was personally issued to

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the officer(s). This request also includes any handouts, documents or other training received by

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the officer (s) or taken by the officer during the breath test device certification process and

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proficiency process. In the event the officer(s) do not have this manual and materials, this

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production is to include a written explanation as to their whereabouts.

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Any and all studies, reports, articles, books or any other source used by any expert

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witness to create, inform or otherwise influence any opinion they may render on absorption,

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elimination or processing of alcohol; divided attention tasks, or field sobriety tests.

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INFORMAL REQUEST FOR DISCOVERY

Defendants ask that this document be treated as a continuing request through the

completion of trial. Thank you in advance for your cooperation.

Dated: _____________

________________________________
Attorney Ruth C. Rose for
Defendant Belvin Pugh

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INFORMAL REQUEST FOR DISCOVERY