People v. Petersen

SHINN, P. J.

By information Gordon Dale Petersen and Vivian Thornton were accused of a violation of section 288a of the Penal Code. Petersen will be referred to as defendant. Trial by jury was waived and the case was tried upon the evidence received at the preliminary and additional evidence at the trial. Defendant was convicted, was placed on probation on condition that he serve a sentence in the county jail. He appeals from the order granting him probation as from a judgment and from the order denying his motion for new trial.

Police Officers Wesley, Manley, Villalba and Green gave testimony for the People. Of these only Officer Wesley testified at the preliminary. Three officers testified to the following facts. At about 8 p. m. they saw defendant take defendant Thornton into his car, saw him drive away a short distance and around a corner and park his car with the lights out. The officers followed in a car and approached defendant’s car on foot. Officer Wesley testified at the preliminary and Officer Manley testified at the trial to having witnessed the actual commission of the act charged. Officer Villalba stood by, although he participated in a discussion with Thornton. The officers learned that defendant was a police officer assigned to the Hollywood substation. They made no arrest at the time, but reported to their superiors. Ten days later, on May 13,1959, after the officers and the defendants had been interviewed, Petersen was suspended as a police officer and the two defendants were placed under arrest.

The principal contention of the defendant is that the court erred in denying his motion for a new trial made

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upon the ground of newly discovered evidence and presented to the court by affidavits. The facts relied upon as newly discovered came to the attention of the defendant in the following manner. The trial was held October 16. On November 17, defendant made a motion for inspection of all statements and reports of statements of Officer Manley and all reports made by Sergeant Green and by Lieutenant Collins and Captain Powers of the Los Angeles Police Department. The motion was granted. The People produced the following: (1) a report of Officers Powers and Collins which purported to be a résumé of “information relayed through chain of command” and not based upon any interview with Manley; (2) a report dated May 13, 1959, of Officers Green and Annis, being a résumé of interviews with the three officers and the two defendants; (3) a transcription of an interview with Manley November 2, 1959, by Green and Annis, in question and answer form.