The opinion of the court was delivered by: The Honorable Morrison C. England, Jr.
Court received and reviewed the letter dated August 5, 2010 from Sergeant Mike Wood as well as comments regarding the letter from counsel. The Court with and finds appropriate the following requests of the Federal Defender:
"1. With respect to request #3, we have not received the Shascom manual to interpret the previously disclosed mobile data terminal (MDT) records. If Shasta County believes it has been provided, we request that Shasta County indicate to whom it was provided, when, and on what page number(s) of the previous disclosure it can be found.
2. I request an attestation under penalty of perjury relating to any records or documents that Shasta County claims do not exist. I believe this applies to requests #1, 5, 6, 7, and 8.
3. With respect to request #9, request an attestation under penalty of perjury that CalMMET has not created any internal memoranda or training documents regarding Domestic Highway Enforcement, and that the only document that exists relating to that program is the policy provided by Sergeant Wood.
4. With respect to request #3, we have not received any "numbered log of searches" for canine Maximus, nor have we received any "monthly reports" compiled from those numbered logs, nor have we received any "yearly reports" compiled from those monthly reports. If none of those items exist, we request an attestation under penalty of perjury to that effect. We have not received medical or veterinary records related to the August 21, 2005 stabbing of police canine Maximus. If no such records exist, we request an attestation under penalty of perjury to that effect."
County is ordered to provide the requested response(s) and or attestations not later than twelve (12) noon, Wednesday, August 11, 2010. the requested response(s)and or attestations are not received by the Court all counsel on or before that date and time, the Order to Show Cause hearing will remain on calendar.
Clerk's Office is directed to serve a copy of these minutes, by mail and fax, to:
Shasta County Sheriff's Office 1525 Court Street Redding, California 96001 Fax: 530-245-6173 and 530-245-6054 Rubin E. Cruse, Jr., County Counsel Office of the County Counsel Shasta County Administration Center 1450 Court Street, Suite 332 Redding, California 96001-1675 Fax: 530-225-5817
MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE
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