Zimmerman

This petition for writ of prohibition filed by Terry Zimmerman, the former attorney for defendant Denise Michelle Goodwin, challenges the superior court’s adjudication of contempt against Zimmerman. The court found Zimmerman in direct, continuing contempt for failing to answer certain questions regarding the circumstances under which she came into possession of specific evidence (a portfolio and mail) relevant to the prosecution’s case against Goodwin. Zimmerman contends that the evidence was delivered to her in some way by Goodwin’s agent or agents; thus, the circumstances of the delivery as well as Zimmerman’s observations regarding the delivery are protected by the attorney-client privilege.

This is a case of first impression. Although Zimmerman cites two California cases that mention a defendant’s use of an agent to deliver evidence to defense counsel (People v. Meredith (1981) 29 Cal.3d 682 [ 175 Cal.Rptr. 612 , 631 R2d 46] (Meredith) and People v. Lee (1970) 3 Cal.App.3d 514 [ 83 Cal.Rptr. 715 ] (Lee)), neither case involved an actual finding of agency in a criminal context. Instead, Zimmerman presents a novel argument whereby she contends a prima facie showing of…