People v. Ackerman CA3

DISCUSSION

I. Motion to Disclose Juror Identification Information

A defendant may obtain access to personal juror identifying information on a showing based on declarations that prima facie establishes good cause in support of a motion for new trial or other reason, if the trial court does not find a compelling interest against disclosure. We review the trial court’s ruling for an abuse of discretion. (People v. Carrasco (2008) 163 Cal.App.4th 978, 989, 991 (Carrasco); Code Civ. Proc., § 237, subd. (b).)

Defendant’s fiancée provided a declaration in support of his motion. She stated that after a lunch break in the midst of closing arguments, she was seated about 10 feet from a male juror (whom she described with some particularity, and whom defense counsel identified as Juror No. 8) who was talking to one or two “middle-aged” female jurors (not otherwise identified). The fiancée heard a snippet of the male juror’s conversation lasting about 30 to 60 seconds. “What I heard was something said about Super Shuttle, and there being some sort of irony.” The jurors noticed the fiancée

2 looking at them and stopped talking. The fiancée informed defense counsel about her observations…