Press-Enterprise

Press-Enterprise v. Superior Court

Good Law
1994 Cal. App. LEXIS 108·22 Cal. App. 4th 498·27 Cal. Rptr. 2d 708·94 Daily Journal DAR 1792·22 Media L. Rep. (BNA) 1344
Court of Appeal of CaliforniaFebruary 10, 1994E013110California2,720 words

Opinion

Opinion

McKINSTER, J.

—After we granted a peremptory writ of mandate in this matter directing the superior court to issue an order to release the grand jury transcripts in their entirety, the Supreme Court granted a petition for review and transferred the matter to us with directions to reconsider our order in light of Alexander v. Superior Court (1993) 5 Cal.4th 1218, 1222-1223 [ 23 Cal.Rptr.2d 397 , 859 P.2d 96 ]. Consequently, we calendared the matter for oral argument. We again conclude that petitioner, the Press-Enterprise, is entitled to the relief requested and grant its petition.

Facts

It is alleged that real party in interest, David Lynn Scott III, is the “Ninja rapist” or “Ninja prowler” who committed several rapes and one murder in Moreno Valley and the Canyon Crest area of Riverside. On April 2, 1993, a twenty-count indictment was returned against him which included one count of murder with allegations of two special circumstances (Pen. Code, §§ 187/ 190.2, subd. (a)), five counts of burglary (§ 459), two counts of attempted murder (§§ 664/187), and five counts of rape (§ 261, subd. (a)(2)).

Scott was arraigned and entered a not guilty plea on all counts. Subsequently, he made a…

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