Walters

This writ petition is brought by the Police Chief of the City of Santa Ana seeking review of an ex parte, confidential order issued by the supervising criminal courts judge permitting pretrial defense inspection and testing of a firearm booked in evidence in a murder case. Such orders are unauthorized and unlawful, and we issue our peremptory writ accordingly.

I

The order was issued on September 7, 1999, without notice to the Orange County District Attorney or the City Attorney of Santa Ana. It directed the police department to allow a defense expert to perform a ballistics test in the department’s laboratory. The court further ordered the department not to advise anyone except the defense of the testing or the name of the party doing the testing until the preliminary hearing or October 4, 1999, whichever came earlier. The city attorney’s application to vacate the order or lift the gag order to permit notification of the district attorney was denied.

The district attorney has now learned of the order, and we granted his request to appear as another real party in interest. At oral argument the deputy city attorney candidly admitted she was the source of the leak,…