People v. Compton CA2/2

FACTS AND PROCEDURAL HISTORY

Two men (who were brothers) were gunned down on a sidewalk in Los Angeles, California. The shooter went by the gang moniker “Country.” The People charged defendant with the first degree murder (Pen. Code, § 187, subd. (a))1 of each brother, with being a felon in possession of a firearm (§ 12021), and with various firearm enhancements. A jury convicted defendant of the second degree murder of one brother; the manslaughter of the other; and the use of a firearm.

DISCUSSION

I. Motion for Personnel Records (Pitchess2 Motion)

Months after the shootings, two detectives (Detectives Leonardo McKenzie and Tommy Thompson) interviewed potential witness James Green. Two months later, a third detective (Detective Daniel Gersna) interviewed potential witness Eric Nelson. Each interview was recorded; during those interviews, Green and Nelson each identified defendant as Country and as involved in the shootings. However, when Green and Nelson were later called as witnesses at defendant’s preliminary hearing, each recanted his prior statements. Specifically, each testified that (1) he was not the person speaking on the recording; and (2) he was the person on…