People v. Superior Court

Original proceeding brought by the People to review a trial court order suppressing the statements and anticipated testimony of Juan Hernandez (Pen. Code, § 1538.5, subd. (o)), and the statements and anticipated testimony of Ramon Mendoza. 1 Because the factual and legal issues are diverse, our discussion treats the issues concerning the two witnesses separately.

I. Juan Hernandez

A. Facts

The three defendants (real parties in interest herein) are charged with the murder of Gilbert Roybal. Many of the operative facts, however, arise out of the murder of Ellen Delia on February 17, 1977. Her widower, Michael, was a suspect in his wife’s and another’s murder. His house was placed under surveillance. Defendant Sosa and another, Armando Varela, were illegally arrested when they drove to and parked in the driveway of the Delia residence. Thence commenced a series of illegal police conduct chronicled in People v. Superior Court (Sosa) (1982) 31 Cal.3d 883 [ 185 *586 Cal.Rptr. 113 , 649 P.2d 696 ] (Sosa/Delia). 2 This law enforcement action was better suited to a police state than a constitutional democracy and resulted in the affirmance of a trial court order suppressing…