In his written order on July 30, 2010, Wiseman said defendant Heirszan Martinez, 19, may be entitled to his co-defendant’s juvenile adjudication records “provided, however, that there is a separate request made with a justification for the requested information.”
During a pre-trial conference on July 28, Assistant Attorney General Brian D. Gallagher, who is prosecuting the case, and Martinez’s attorney Mark Hanson argued on discovery matters.
Hanson requested for the record of conviction of his client’s co-defendant Roman Cabrera, 19.
The prosecution said Cabrera’s juvenile records are not discoverable by the co-defendant since juvenile records are sealed.
But the defense believes they are discoverable and should be provided to Martinez.
Martinez was arrested in February for criminal mischief, conspiracy to commit burglary and theft, and attempted burglary and theft.
Wiseman said the “general rule is that a juvenile’s court file is confidential and may be inspected only under certain conditions and only by certain persons or entities.”
The commonwealth does not have a statute dealing with such conditions or persons, according to Wiseman.
However, he said the court was allowed to adopt a flexible procedure based on accepted practices of the juvenile courts of the United States.
“In viewing the statute and juvenile policies of California,” Wiseman said, “it is provided that every person or agency seeking to inspect or obtain juvenile court records must petition the court for a disclosure of juvenile court records.”
While it is the intent of the Legislature that juvenile court records remain confidential, the policy of confidentiality is not absolute, Wiseman said.
“In determining whether to authorize inspection or release of juvenile case files, the court must balance the interests of the child and other parties to the juvenile court proceedings, the interests of the petitioner, and the interests of the public, the court must find that the need for discovery outweighs the policy considerations favoring confidentiality of juvenile case files,” Wiseman said.
He extended the deadline for submitting any negotiated plea to Aug. 3.
