Rodriguez

Procedural History

Petitioner has been charged by information with rape (Pen. Code, § 261, subd. (2)), robbery (Pen. Code, §211), residential burglary (Pen. Code, § 459) and first degree murder (Pen. Code, § 187, subd. (a)). The first degree murder charge also alleges special circumstances of rape, robbery and burglary (Pen. Code, § 190.2, subd. (a)(17)). He has entered a plea of not guilty as to each count and has denied each special circumstance allegation.

After the court ordered petitioner to provide real party in interest with pretrial discovery of all guilt phase material pursuant to Penal Code sections 1054 through 1054.7, petitioner notified real party in writing that petitioner intended to call Dr. Jose J. LaCalle, a psychologist, as a witness during the guilt phase of petitioner’s trial. Petitioner wishes to present the testimony of Dr. LaCalle in a motion in limine to show that certain statements that had been made by petitioner had been made involuntarily and therefore should not be admitted into evidence at petitioner’s trial. Dr. LaCalle had been retained by the defense for the purpose of evaluating petitioner to see if any mental defenses should be…