California Court of Appeal

In proceedings arising from a prosecution of defendant for grand theft and for filing fraudulent Medi-Cal claims wherein a magistrate judge dismissed the complaint after concluding that intentional eavesdropping of defendant's attorney-client privileged communications by special agents of the Department of Justice was so outrageous that defendant had been denied due process of law, superior court's denial of the government's motion to reinstate the felony complaint pursuant to Penal Code section 871.5 is reversed and remanded where: 1) defendant's contention that dismissal of the complaint was not subject to superior court review under section 871.5 because the dismissal was not pursuant to any of the statutes listed in that section is rejected; 2) the conversations in the Attorney General's office were privileged attorney-client communications that cannot be disclosed without the consent of the three defendants whose conversations were overheard; 3) substantial evidence supports a finding that three special agents of the Department of Justice intentionally eavesdropped on communications in both the English and Russian languages between the three defendants and their attorneys; however 4) a dismissal is not required as appropriate remedy is an exclusionary order and/or other sanctions to be fashioned by the superior court.

Appellate Information

• Decided 11/23/2010
• Published 11/23/2010

Judges

• YEGAN

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Edmund G. Brown, Alexander W. Kirkpatrick