Westerfield
Westerfield v. Superior Court
Opinion
Opinion
McDONALD, J.
Factual and Procedural Background
David Alan Westerfield has been charged with murder with special circumstances, kidnapping, and misdemeanor possession of child pornography. Before the police arrested him, they searched Westerfield’s home several times and seized, among other items, thousands of computer-stored and video images of allegedly obscene matter.
Westerfield requested that the prosecutor provide him copies of all images seized by the police. (Pen. Code, § 1054.1, subd. (c).) Refusing the request on the basis that the duplication and distribution would violate the child pornography statute, section 311.1, the deputy district attorney nevertheless permitted defense counsel to view the images,at the FBI’s computer crimes office in the presence of law enforcement representatives who remained in the room and monitored their activities.
Westerfield moved to compel production and copying of the computer and video images so that his attorneys could view them privately, have them examined by experts and talk confidentially. After reviewing binders of the images provided by the People, the court denied the motion, pointing out that (a) the People had agreed to provide…