People v. SUPERIOR COURT (MITCHELL)

In the underlying murder case against Thomas Jerome Mitchell (Mitchell), the trial court excluded multiple prosecution witnesses, dog scent evidence and gunshot residue evidence as a sanction for the People’s failure to provide discovery. By way of writ petition, the People contend that the trial court exceeded its jurisdiction under Penal Code section 1054.5, subdivision (c) because it was required to exhaust less drastic sanctions first. We agree and grant the petition.

FACTS

In 2006, Mitchell was charged with the murder of Nicole Kaster (Kaster) for the benefit of a criminal street gang.

At the preliminary hearing, the trial court heard testimony from members of the Los Angeles County Sheriff’s Department. The investigating officers learned that Michael Minor was shot and killed. As the shooting occurred, someone yelled, “Eastside Duarte.” Michael Minor’s son was a member of the Du-Roc Crip gang. At the time, the Eastside Duarte gang was at war with the Du-Roc Crip gang. When Mitchell, Lamone Lacy (Lacy), Robert Paden (Paden) and other Du-Roc Crip gang members heard about Michael Minor’s murder, they were upset. They were all at the home of Mitchell’s sister. There…