By Stephen Liebb
San Francisco Judge Brendan P. Conroy presided over a hearing under California’s new S.B. 1437 law. The law changed who could be charged with murder if someone died while a felony was being committed.
At this hearing, Judge Conroy excluded a parole hearing transcript for the petitioner. Assistant District Attorney Brad Allred sought to introduce the petitioner’s 2018 parole hearing where he made statements that, while untrue, hurt his case. Certified Legal Clerk Allison Ramsey, under the supervision of Deputy Public Defender Jacque Wilson, argued that those statements should not come in.
Ms. Ramsey was successful in establishing that the petitioner had made enough 
of a showing and is entitled to a full hearing at a later date.
Ms. Ramsey asserted that for this hearing, known as a “prima facie hearing,” the burden of proof is low and the court should not consider police reports and parole hearings. The court should rely on the petition itself and not other, extrinsic evidence. “[The petitioner] checked the necessary boxes, he provided information that he was not the actual killer. His co-defendant, Wingfield, admitted to the actual killing,” she stated.
Mr. Allred asked the Court to take judicial notice of parole hearing transcripts. Judge Conroy stated that under People v. Coleman, exclusion of the parole hearing transcripts is required. There is an exception; if the petitioner takes the stand at a subsequent hearing, the parole hearing transcripts may be offered for impeachment. At parole hearings, an inmate has to take responsibility and show insight, Judge Conroy stated. “I won’t allow those statements for the case in chief but they can be used for [other purposes].”
Judge Conroy said he would allow the use of other, previously-taped statements because they were referenced in the guilty plea. Judge Conroy said he would also allow the Medical Examiner’s report at a later hearing so long as the proper foundation is laid. He agreed with Ms. Ramsey, and would not allow the use of the pre-sentence report, parole transcripts, or police reports because they were not part of the record of conviction.
Judge Conroy set November 1, 2019, for briefing and argument on the issue of admissibility of parole hearing transcripts and to set a date for the evidentiary hearing.
