People v. Gonzales CA2/6

Facts Appellant was taken into custody due to a probation violation and placed in a holding cell at the Pre-Trial Detention Facility in Ventura County. Ronald Bustamonte was among several other men held in the same cell. The cell has a toilet shielded by a short privacy wall. It is also equipped with a camera that records audio and video. Appellant and Bustamonte greeted each other in the cell and, after conversing, realized they shared an acquaintance. Appellant spent a significant time on the toilet while Bustamonte was nearby. Although his movements were partially shielded by the wall, the video shows appellant moving in a way that is consistent with removing an object from his buttocks. At one point, Bustamonte can be seen snorting something and manipulating his nose. He began to show signs of distress almost immediately. Within moments, Bustamonte said, “Help me,” and fell to the floor. Meanwhile, appellant can be heard asking whether any cameras are monitoring the cell. When another inmate first suggests calling for help, appellant dismisses his concern saying, “We’re good. . . . He’ll be all right.” But after a short time,

People v. Superior Court (Romero) (1996) 13…