Hernandez

This case presents the elementary question whether evidence obtained from “Sherlock,” an in-house computer system maintained by the sex crimes unit of the San Diego Police Department (SDPD) for investigative purposes, has been properly introduced and used by the prosecution in this criminal action. We conclude such method of data analysis, though a valuable investigative tool, does not meet the test of admissibility in the guilt phase of a criminal trial. We find the error to be prejudicial and that reversal is required under Watson.

Preface

Kenneth Hernandez was convicted by jury of six violent sex offenses involving two different victims. As to Jane Doe, Hernandez was found guilty of forcible oral copulation accomplished by kidnapping (Pen. Code, §§ 288a, subd. (c), 667.61, subd. (d)(2)), of kidnapping for sexual purposes (§§ 207/208, subd. (d)), of assault with the intent to commit a felony upon her (§ 220), and of sexual battery by restraint (§ 243.4, subd. (a)). As to Monika B., Hernandez was found guilty of sexual battery by restraint (§ 243.4, subd. (a)) and of assault with the intent to commit a felony upon her (§ 220).

At a subsequent court trial, the court…