OKORIE OKOROCHA (State Bar No. 226658)

CALIFORNIA LEGAL TEAM

1055 E. Colorado Blvd. · Penthouse

Pasadena, California 91101

(800) 285-1763 Telephone

(626) 340-4141 Facsimile 

Attorney for Defendant 

IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA

COUNTY OF ORANGE 

 

      Defendant, STEPHEN EDWARDS, through counsel Okorie Okorocha, hereby applies to this Court for appointment of DRUG RECOGNITION EXPERT at the expense of the county, to assist in the investigation and provision EXPERT WITNESS TESTIMONY AND/OR CONSULTATION this pending matter and to advise the defendant on a confidential basis and testify on the defendant's behalf.

      This application is made on the grounds that the resources, assistance, expertise, advice and testimony of the DRUG RECOGNITION EXPERT is material and necessary to the preparation of the defense of this action, and on the further ground that the defendant is indigent and unable to pay for the services of such an DRUG RECOGNITION EXPERT.

      The motion will be based on the attached declarations and memorandum of points and authorities served and filed herewith under seal and on all the papers and records on file in this action. 

Dated: February 10, 2009   Respectfully submitted, 
 
 

                                    Okorie Okorocha

                                    Attorney for Defendant

 

MEMORANDUM OF POINTS AND AUTHORITIES

      Defendant submits the following points and authorities in support of his motion for an order appointing an expert at county expense.

      I

AN INDIGENT DEFENDANT REPRESENTED BY PRIVATE COUNSEL

HAS THE RIGHT TO APPOINTMENT OF AN EXPERT AT PUBLIC EXPENSE 

      "T]he right to counsel guaranteed by both the federal and state Constitution1.includes the right to reasonably necessary ancillary defense services."  Corenevsky v. Superior Court (1984) 36 Cal.3d 307, 319; People v Worthy (1980, 2nd Dist) 109 Cal App 3d 514, 518-520;  Mason v Arizona (1974) 504 F2d 1345, 1351.  Ancillary services include, but are not limited to investigators, law clerks, and experts to aid in preparing the defense.  Corenevsky supra, at 318.

      An indigent defendant with privately retained counsel has the same right to ancillary services as a defendant with an attorney appointed by the court.  "If a criminal defendant requires the services of investigators or scientific or medical experts to assist him in preparation of his defense, that assistance must be provided. Whether it is paid for by the government or by the defendant depends solely on the defendant's economic status." (People v Worthy (1980, 2nd Dist) at 518-520.)  

      Payment to retain private counsel by an indigent defendant's relatives does not alter his indigency.  Tran v. Superior Court (2001) 92 Cal.App.4th 1149, 1154.  Nor may an indigent defendant represented by counsel be required to accept the services of the public defender in interference with an existing attorney-client relationship. (Taylor v Superior Court (1985, 1st Dist) 168 Cal App 3d 1217, 215 Cal Rptr 73.) 
 
 

      II

DEFENDANT'S MOTION AND APPOINTMENT OF INVESTIGATOR, EXPERTS

AND OTHER ANCILLARY SERVICES IS CONFIDENTIAL 

     The right to counsel guaranteed by the Sixth Amendment to the United States Constitution "includes the right to have any communications made to experts remain confidential." (Torres v Municipal Court for Los Angeles Judicial Dist. (1975) 50 Cal App 3d 778, 784).  Confidentiality also applies when the defense makes a motion for the appointment of an investigator, experts, and other ancillary services.  (Corenevsky v Superior Court (1984) 36 Cal 3d 307, 321; Puett v Superior Court of San Bernardino County (1979, 4th Dist) 96 Cal App 3d 936, 940, n 2). 

Dated: February 10, 2009   Respectfully submitted, 
 
 

                                    Okorie Okorocha, Esq.

                                    Attorney for Defendant

 

 DECLARATION OF INDIGENCY  

I, STEPHEN EDWARDS, declare that:

1. I am the defendant in this action.
2. I am indigent, and I do not have the financial ability to pay for the services of an investigator, expert, or other ancillary services necessary for my defense.  I also qualify for the services for the public defender and previously determined in the instant action.

 

I declare under penalty of perjury of the laws of the state of California that the foregoing is true and correct. 

Executed on February 10, 2009 at Santa Ana, California. 
 

                                    GERMAINE SEUELL, Declarant 

FINANCIAL STATEMENT 

A. OCCUPATION:

    1. I (am) (am not) presently employed. (Circle one)

        a). My present employer is:          

        b). (If not employed now) My last period of employment was                     to    

        c). Last employer's name _______________ 

        and address  

B. MARITAL STATUS:

    1. Married ____   Single ____   Other ____   

    2. Spouse: Is employed ____    Is not employed ____

C.  EMPLOYMENT INCOME:

                                                Yourself Spouse

• Current gross monthly employment income

      (including welfare and unemployment)     

• Current monthly fixed deductions:   
• Federal Withholding tax:      
• State Withholding tax:      
• Social Security (FICA)      
• Unemployment Insurance      
• Medical Insurance       
• Dental Insurance       
• Union Dues        
• Retirement Contribution      
• Other payroll deductions (indicate for

            what Purposes money is withheld)      

• TOTAL DEDUCTIONS       

 

• NET MONTHLY EMPLOYMENT INCOME:    

 

D. INCOME OTHER THAN EMPLOYMENT INCOME

    Any other income (list all sources of income here, other than wages, including aid for dependent children; Social Security; rents; dividends; interest; pensions; trusts; or money from any source):

    1.           

    2.           

    3.            

E. ASSETS        Yourself Spouse

      Savings accounts        

      Checking accounts        

      Credit union(s)

      Bonds and stocks        

      Home:   Market value     

                  Mortgage        _________ 

                  Net:        

      Real estate:  Market value     

                  Mortgage        _________ 

                  Net:        

      Vehicle         

      Furniture (net value after deducting loan balance)    

      Automobile(s), Truck(s), Motorcycle(s): 

      (Make/Model)   (Year) 

      (Make/Model)   (Year) 

      (Make/Model)   (Year) 

      (Make/Model)   (Year) 

      Other Property (boats, etc.)       

      Retirement fund/vested interest       

      TOTAL ASSETS         

F. EXPENSES

My monthly living expenses are paid mainly from the money I receive from (list source of money used to pay expenses, ie., wages, welfare, etc.)       

      Rent or mortgage       

      Food         

      Clothes        

      Transportation        

      Utilities        

      Medical        

      Dental         

      Child Care        

      Other (List)        

      INSTALLMENT PAYMENTS:

      Balance Owed:    

      Monthly Payment:         

G. The names and ages of my dependents are:

      Name     Age  

      I declare under penalty of perjury that the foregoing is true, and that this declaration was executed on     , at      , California. 

                                          Signature of Applicant 

                                          Print Name

 

DECLARATION OF OKORIE OKOROCHA

 

I, Okorie Okorocha, declare as follows:

1. I am an attorney admitted to practice before the courts of the State of California, and am the attorney representing STEPHEN EDWARDS, the defendant, in this matter.
2. The defendant is charged with Drug Possession/Sales/Trafficking.
3. My knowledge of this case indicates that the services of an DRUG RECOGNITION expert is necessary to obtain factual information/evidence necessary to the proper preparation of a defense.  The nature of this information is such that counsel alone cannot investigate the facts.
4. It is essential for the proper preparation of a defense that a qualified expert in this field be permitted to consult with the defendant, advise counsel in connection with these issues, and testify at the trial of this matter.
5. Based on the foregoing, I request an authorization of $3,000 for the services of an DRUG RECOGNITION expert witness.
6. To divulge the nature of this expert in open court would violate the defendant's right against self-incrimination under the Fifth and Fourteenth Amendments of the United States Constitution and Article I, §15, of the California Constitution, and would violate the work product privilege.

 

      I declare under penalty of perjury that the foregoing is true, and that this declaration was executed on February 11, 2009, at Alhambra, California.

  Okorie Okorocha

   Attorney for STEPHEN EDWARDS

 

 

IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA 

COUNTY OF LOS ANGELES 
 

 

      GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY ORDERED that:

      1. STEVEN STRONG is appointed to provide the defendant with DRUG RECOGNITION services and expert witness consultation and testimony in the preparation of a defense.

      2. It is further ordered that fees not to exceed $1,000 without further order of the court be approved and paid to STEVEN STRONG for services rendered at $80 per hour plus expenses.

      3. The record of this proceeding is to be sealed as a special exhibit and placed in the court file.  The minute order shall solely reflect that an ex parte motion was granted. 

Dated:              

      Honorable      

                                          Judge of the Superior Court