Free Motion to Allow - District Court of California - California

Case 3:08-mj-02281-JMA

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ANTHONY E. COLOMBO JR. California State Bar No. 218411 The Senator Building 105 West "F" Street 3rd Floor San Diego, California 92101 Telephone: (619) 236-1704 Attorney for Marcus Alvarado-Lozano

UNITED STATES MAGISTRATE COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JAN M. ADLER) ) ) Plaintiff, ) ) v. ) ) ) ) MARCUS ALVARADO-LOZANO, ) ) Defendant. ) ______________________________________ ) TO: UNITED STATES OF AMERICA, CASE NO. 08mj2281 DATE: August 7, 2008 TIME: 2:00 p.m. NOTICE OF MOTION AND MOTION TO ALLOW DEFENDANT'S COUNSEL OR HIS REPRESENTATIVE TO ENTER THE MCC SAN DIEGO WITH RECORDER/CAMERA EQUIPMENT

KAREN P. HEWITT, UNITED STATES ATTORNEY, ASSISTANT UNITED STATES ATTORNEY JAMES MELENDRES The above-named defendant, Marcus Alvarado-Lozano, by and through counsel, moves this Court

for an order allowing his counsel, Anthony E. Colombo Jr., or a representative from Mr. Colombo's office, to enter the Metropolitan Correctional Center San Diego located at 808 Union Street with a recorder/camera to document the injuries that Mr. Alvarado-Lozano suffered at the time of his arrest. // // // // // //

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ANTHONY E. COLOMBO JR. California State Bar No. 218411 The Senator Building 105 West "F" Street 3rd Floor San Diego, California 92101 Telephone: (619) 236-1704 Attorney for Marcus Alvarado-Lozano

UNITED STATES MAGISTRATE COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JAN M. ADLER) UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) ) ) MARCUS ALVARADO-LOZANO, ) ) Defendant. ) ______________________________________ ) TO: CASE NO. 08mj2281 DATE: August 7, 2008 TIME: 2:00 p.m. POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO ALLOW

KAREN P. HEWITT, UNITED STATES ATTORNEY, AND ASSISTANT UNITED STATES ATTORNEY JAMES MELENDRES. I. STATEMENT OF FACTS On July 26, 2008, Mr. Alvarado-Lozano allegedly illegally attempted to enter the United States

after 22 having been deported. During his arrest he was assaulted by the arresting officer who punched Mr. 23 Alvarado-Lozano in the face with a set of handcuffs causing a laceration over Mr. Alvarado-Lozano's left 24 eye which required 15 stitches to close. In addition, during the arrest Mr. Alvarado-Lozano was shot in the 25 right thigh by a second officer with some type of assault weapon that projected a rubber projectile. This 26 weapon caused a bruise on Mr. Alvarado-Lozano's right thigh that is the circumference of a basketball. 27 On August 1, 2008, Mr. Alvarado-Lozano was visited by his counsel. As a result of this visit, Mr. 28
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Alvarado-Lozano's counsel contacted his investigator, and requested that his investigator comply with MCC regulations and request that he be allowed to enter the MCC with recording equipment to document Mr. Alvarado-Lozano's injuries. Mr. Colombo's investigator then went to the MCC, complied with the MCC's regulations, and brought the necessary paperwork to the warden's office for approval.1 The warden's office advised Mr. Colombo's investigator these types of requests are denied automatically as "routine." II. ARGUMENT Mr. Alvarado-Lozano has a Fifth Amendment right to due process of law, and a Sixth Amendment right to a fair trial. Preventing Mr. Alvarado-Lozano from documenting the injuries he suffered during the course of his arrest would deny him both the right to due process, and the right of a fair trial. Therefore, Mr. Alvarado-Lozano requests that the court order the MCC to allow Mr. Colombo, or his representative to enter

12 the MCC with recorder/camera equipment to document Mr. Alvarado-Lozano's injuries. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Respectfully Submitted, /s/ Anthony E. Colombo Jr. Dated: August 1, 2008 ANTHONY E. COLOMBO JR. Attorney for Defendant Mr. Alvarado-Lozano

Attached as Exhibit A is the application that was denied.
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CERTIFICATE OF SERVICE Counsel for Defendant certifies that the foregoing pleading is true and accurate to the best of his information and belief, and that a copy of the foregoing document has been served this day upon: Anthony Edward Colombo , Jr [email protected],[email protected] U S Attorney CR [email protected]

Dated: August 1, 2008

s/ Anthony E. Colombo Jr. ANTHONY E. COLOMBO JR. Law Offices of Anthony E. Colombo Jr. 105 West F Street, Third Floor San Diego, California 92101-6036 (619) 236-1704 (tel) (619) 236-1852 (fax) email: [email protected]