Nielsen
Nielsen v. Superior Court of Napa Cty.
Opinion
Opinion
Hanlon, J.
In this writ proceeding, we review an order granting discovery of the psychiatric records of a defendant to his codefendants.
I
Petitioner Brian Nielsen and codefendants David Danielson and Gary Danielson are jointly charged with the murder of Richard Holman and the special circumstances that the murder was committed in the course of a burglary and robbery. Petitioner is charged with the actual killing. The People are seeking the death penalty as to both petitioner and David Daniel-son but not as to Gary Danielson.
According to her testimony before the grand jury in 1995, Barbara Holman answered the doorbell at her residence in Napa on March 30, 1990, at about 8 p.m. Three men, strangers to her, were at the door. One of the men asked for her husband, Dr. Holman, and when admitted asked to use the telephone. This man repeatedly stabbed Dr. Holman and directed a second suspect to tie up Mrs. Holman. The third suspect was in a bedroom of the house where he was apparently filling a pillow slip with items belonging to the Holmans.
Petitioner and the Danielsons were not implicated in these events until 1993 when Renee Olivera, who had married petitioner in 1990 and divorced…