People v. Brown CA2/3

INTRODUCTION

Objector and appellant Jeff Price, an attorney, asked another attorney to record testimony in a criminal trial. The attorney recorded testimony but failed to ask the trial court’s permission before doing so. The court therefore sanctioned the attorney and Price. Price appeals from the sanctions order. Because we find that the court abused its discretion by sanctioning Price, we reverse the order.

BACKGROUND

In November 2012, Michael David Brown was on trial for murder. Edward Arch had been Brown’s codefendant, but Arch was acquitted after his Penal Code section 1118.1 motion was granted on the ground there was insufficient evidence to prove his guilt beyond a reasonable doubt. Arch then filed a civil lawsuit against the City of Los Angeles. Attorneys Daniel Sharpe and Price represented Arch in his civil lawsuit. On November 30, 2012, Alexandra Cano was testifying at Brown’s murder trial in Judge Giss’s courtroom. Outside, on the courtroom door, hung a sign directing entrants to turn off cell phones. But, while Cano was testifying, she heard someone recording the proceedings. Sharpe, who was in the audience, admitted recording testimony. The trial court asked Sharpe…