January 8, 2008
Dennis Herrera vs. Mark Geragos, Round 4
Rounds 1-3 here.
Round 4 goes to Dennis Herrera as he "Obtains Emergency Court Order, Securing Evidence in Tiger Attack Case." It was touch and go for a while there.
This "Order Came In Race-Against-the-Clock, as Dhaliwal Brothers Arrived at SFPD Headquarters to Retrieve Car and Cell Phones From Custody."
Sounds pretty dramatic the way it's told by the San Francisco City Attorney's office. What's so special about these phones that they're worth fighting over? Details after the jump.
Of course it's entirely possible that there's no useful information on these phones. But it's well worth the effort for the public to take a look, and if you have to race to a judge to find out then you have to race to a judge.
Is this "gamesmanship?" Pointless drama? L.A. style?
We'll find out soon enough. Continues Friday! Friday! Friday!
Let's hear straight from the horse's mouth:
At an emergency hearing before a San Francisco Superior Court discovery commissioner this afternoon, City Attorney Dennis Herrera obtained a court order that has temporarily secured cell phones and an automobile belonging to brothers Amritpal and Kulbir Dhaliwal, who survived a Christmas Day tiger attack at the San Francisco Zoo. According to the order entered by Superior Court Commissioner Bruce E. Chan late this afternoon, the Court will hear arguments on the merits Friday morning at 10:30 a.m. to determine whether investigators from Herrera's office and the San Francisco Zoological Society will be allowed to inspect the items prior to their release.The Dhaliwals' personal property remains in police custody, but investigators have no legal authority as yet to search the evidence without the brothers' permission, which has so far been denied. Herrera's dramatic move for the extraordinary court order came in a race against the clock as police readied release of the items back to the brothers. While Herrera's office was in ongoing negotiations with attorney, Mark Geragos, to preserve evidence that is potentially material to a likely litigation matter, the brothers were already en route to the San Francisco Police Department to retrieve the items. The Court's order came with only moments to spare, according to Herrera.
"My office believed it was talking to Mr. Geragos in good faith to reach an agreement to preserve potentially relevant evidence," Herrera said. "It now appears that Mr. Geragos was just stalling until his clients could get to the Police Department to claim their cell phones and car. I am gratified that his gamesmanship failed and that the Court will now be able to decide these important issues on the merits."
Friday's hearing before San Francisco Superior Court Commissioner Bruce E. Chan is currently scheduled to be heard in Department 610 in the Civic Center Courthouse, at 400 McAllister Street in San Francisco. In seeking the court order, Herrera filed an ex parte application and petition on behalf of the City and County of San Francisco for an order to preserve evidence and a request for order authorizing inspection of personal property. The City's application and petition were joined by the San Francisco Zoological Society, which is being represented by Louise H. Renne, a former San Francisco City Attorney, of the Law Firm of Renne Sloan Holtzman Sakai LLP.
Image credit: Corbis
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Well played Denny!
Why does the headline say round 4 but the ring-girl is holding round 3? Don't you guys have an editor?
Let me help.
[Time Passes google google google]
Here is a Round 4 if you need one.
dennis is my hero!
If they texted or called anyone, there will still be a network based record too.
"I don't know why she wants the ruby red slippers so badly, but there must be terribly powerful magic in them."- Glenda the good witch of the north...
Who is more disgustingly slimy- the attorney or the 2 brothers?
here are the state of california rules of evidence:
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=evid&codebody=&hits=20
can any of you green lawyers out there come up with some clever applications to lend mr. harris by friday?
they have to have something on there they do not want anyone to see
does he have to charge them with a crime first?
Don't you think that maybe possibly someone's already peeked at the "evidence?"
@ mw:
careful you don't choke on that sarcasm.
and thanks! we're going to use the image you found. appreciate it.
Can you please publish a hi-res picture of that lady with the sign? She's got thighs like tree trunks.
Hey, your italics are leaking.
mariconsoy: Phone records would only tell who the other party of any call/text exchange was. The phone would still (presumably) have the actual text message on it. It could even have something as incriminating as a video of them throwing pinecones at the tiger. There's no question the phones should be looked at (officially) before being returned.
Deborah: I'd say someone probably has. I'd also say that if that were the case, then there's almost certainly something gold there, otherwise Herrera would not be making this massive public effort. Of course, if nobody has peeked, then it's anybody's guess what they'll find.
There could also be text messages to each other, cf. husbands and wives at the mall.
Or maybe those phones will reveal the alleged and mysterious Fourth Taunter?
Information about the alleged fourth person could very well be contained on these phones.
But if it's not there, then we'll be fresh out of much proof of anything.
Surely there's a way for the police to get the phone evidence, either if the family of the victim sues them for or under the Endangered Species Act or something for causing/contributing to the death of the tiger?
But yeah, what innocent victim of an attack worries about what's on his cell phone?
fizzandpop,
she'd crush your head with those thighs
;)