Allegrezza v. Superior Court

Opinion

ELKINGTON, J.

Petitioner Vincent Allegrezza, 16 years of age, was arrested and accused of murdering four members of an Alameda County family. The homicides and Allegrezza’s arrest were given widespread county publicity by the press and other news media. The juvenile court found him not to be a fit subject for its jurisdiction. He was thereafter indicted by the grand jury on four counts of murder. He entered pleas of not guilty in the superior court. On Allegrezza’s motion, Judge Wilson of that court directed “The parties to this action, their attorneys, their investigators, witnesses or court officials]” not to “release to any news media” any information concerning the existence of evidence, or the probable testimony of any witness.

Thereafter, pursuant to Evidence Code section 402, subdivision (b),

*

a hearing was held before Judge Cooper of the superior court on the issue of the voluntariness of a confession alleged to have been made by Allegrezza. That hearing had also received widespread media publicity and many members of the public and press corps were present. Allegrezza moved that the hearing be held

in camera.

The motion was “vigorously” opposed by the People, and it was thereafter denied by the court. The hearing was then continued to afford Allegrezza a reasonable opportunity to apply to this court for “a writ.”

[951]

On Allegrezza’s petition we issued an alternative writ of mandate that the superior court order that the hearing be held out of the presence of the press and public, or that the court show cause why it should not do so. We consider now the cause shown.

We are concerned with a purported confession (hereafter, for convenience only, “confession”) of one accused and awaiting trial for murder. A question is raised whether the confession was involuntary, or coerced, and therefore inadmissible as evidence at the trial. The superior court hearing might disclose that it was obtained under circumstances establishing its untrustworthiness, something not unknown in the administration of criminal law. Or it might appear to have been secured in disregard of Allegrezza’s constitutional rights. In either event it will not be placed in evidence before the juiy. By the same token any concern for fairness demands that such a confession, disallowed as evidence, should not reach the eyes or ears of persons who may become jurors of the case. Any reasonable doubt whether it will should be resolved in favor of the accused.