People v. Laney

Opinion

HOPPER, Acting P. J.

Appellant (Laney), convicted after court trial of two acts of forcible oral copulation, appeals contending (in addition to seeking good-time/work-time credits) that his motions to dismiss the indictment because of asserted error in the grand jury proceedings should have been granted.

The sordid factual details need not be set forth in full. A summary of the facts shows the case arises out of sexual activities taking place in the Stanislaus County jail. One Donny F., out of fear, was the unwilling victim of acts by three of his cellmates, Laney, Rick Madden (Madden) and James Vernacchio (Vernacchio). The acts of Laney testified to by Donny F. consisted of two acts of oral copulation. Another cellmate testified that he saw Laney force Donny F. to perform an act of oral copulation. One of the others committed an act of sodomy on Donny F.

[512]

Laney moved to dismiss the indictment by the grand jury under Penal Code sections 995 and 939.7. No writ was sought or obtained after the motions were denied. Laney merely went to trial and was convicted.

Laney contends that (1) the prosecution failed to notify the grand jury of evidence exonerating Laney, (2) it was error to compel Laney to claim his privilege against self-incrimination in the presence of the grand jury, and (3) he is entitled to good-time /work-time credits. We discuss each contention in order.

Laney argued below that the indictment should be dismissed because the prosecutor failed to present evidence which would tend to negate his guilt by impeaching the credibility of Donny F. In his motion to dismiss appellant attached as exhibit A an investigatory report by Officer Henderson. In that report Henderson states that he talked to a Dr. Thorp and Dr.. Thorp advised Henderson that a rectal examination of Donny F. showed “no evidence of trauma and no blood on a digital examination.” In arguing the motion to dismiss Laney’s counsel referred to a second exhibit which was also a police report prepared by Henderson. In that police report Donny F. assertedly told Henderson that the act of sodomy hurt so bad he screamed or almost screamed. This second exhibit is not in the record before us. Laney’s argument is that if the act of sodomy took place as Donny F. said, it is probable the medical report would have indicated trauma. Laney concludes that therefore Donny F.’s testimony is suspect and the grand jury should have been informed of the existence of these police reports so that it could properly weigh Donny F.’s testimony.