People v. Brady CA2/6

Facts and Procedural Background In August 2024, the San Luis Obispo County District Attorney filed a petition to extend appellant’s involuntary commitment pursuant to section 2970.

1 All further statutory references are to the Penal Code. In September 2024, at a hearing prior to trial, the prosecution entered several exhibits into evidence, including appellant’s mental health, treatment, and disciplinary records. The prosecution described several incidents of unprovoked violence going back to 2021 and requested that appellant be restrained during the proceedings. Defense counsel argued that shackling appellant would prejudice the jury. The trial court also heard from the correctional sergeant who stated that custody staff had “significant concerns with . . . safety . . . if [appellant] were to come out of his restraints.” The sergeant indicated that he had spoken to staff at the California Department of Corrections and Rehabilitation (CDCR) where appellant was currently residing. Appellant was described by staff as “highly assaultive” and was currently assigned the “highest level security.” Appellant had also engaged in several batteries on a peace officer and one inmate, with…