Foster

Petitioner Foster confronts trial on a charge of indecent exposure (Pen. Code, § 314, subd. 1). The essence of the charge is that while in the employ of Santa Clara County and performing maintenance work in the vicinity of that court’s juvenile hall, he exposed himself to minors who were housed in the hall at the time. Two minors, Tanya and Arlene, are the alleged victims and sole complaining witnesses against defendant. At the preliminary hearing defense counsel sought to cross-examine Tanya regarding the length of and the reason for her detention in the hall, but the trial court sustained the People’s objection on relevancy grounds absent an offer of proof. Petitioner subsequently moved in superior court to dismiss the information (Pen. Code, § 995) because of the magistrate’s denial of opportunity to cross-examine Tanya, for appointment of a psychiatrist to examine the complaining witnesses (Ballard v. Superior Court (1966) 64 Cal.2d 159 [ 49 Cal.Rptr. 302 , 410 P.2d 838 , 18 A.L.R.3d 1416 ]), and for discovery of their juvenile court and juvenile department records. All three motions were denied. Subsequently petitioner requested the superior court sitting as a…