|LAW OFFICES OF THE ALTERNATE PUBLIC DEFENDER
123 Maple Street
Los Angeles, CA 90000
Attorneys for Defendant
SUPERIOR COURT OF THE STATE OF CALIFORNIA
THE PEOPLE OF THE STATE OF CALIFORNIA ) CASE # AB000000-00
Plaintiff, ) EX PARTE MOTION FOR
vs. ) APPOINTMENT OF EXPERT
JOHN SMITH, )
Defendant hereby moves for the confidential appointment, pursuant to Evidence code Section 730 & 952, of Douglas Carner, Forensic Protection, Inc., in the above entitled case.
“The right to counsel includes the right to the use of experts such as psychiatrists or psychologists or any other expert that will assist counsel in preparing a defense.” (Torres v. Municipal Court (1975) 50 Cal.App. 3d 778,783.)
In a prosecution for murder where cause of death was an issue, it was held prejudicial error and an abuse of discretion for a trial court to deny the defendant’s motion for the appointment of a cardiological expert to assist in advising the defense and in testifying as an expert for the defense as to the cause of death of the victim. (People v. Gunnerson (1977) Cal.App.3d 370.)
In the present case, defendant is accused of crimes that were caught on security cameras. Portions of the events need to be slowed down, enhanced, and extracted. We also need to have the video authenticated to assure that it has not been manipulated or any of portions deleted. This is necessary for the proper presentation of the defense in the case.
ORDER FOR EXPERT