os 19} 20) 23| 22) 23] 2al 25) S 2. THE PEOPLE OF THE STATE OF CALIFORNIA, ON BEHALF OF THE DEFENDAN’ IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SONOMA BEFORE THE HONORABLE JAMIE THISTLETHWAITE, JUDGE DEPARTMENT 2 yy PLAINTIFF, No. SCR-661666 CELESTE MOON, ) ) ) ) vs. ) ; ) DEFENDANT. ) ) FILED APR 2 8 2015 ‘SUPERIOR COURT OF CALIFORNIA ‘COUNTY GF SONOMA REPORTER'S TRANSCRIPT OF PROCEEDINGS FRIDAY, APRIL 17, 2015 RULING APPEARANCES: ON BEHALF OF THE PEOPLE: JILL RAVITCH DISTRICT ATTORNEY BY: SCOTT UEMURA, ESQ. IZAAK SCHWAIGER, ESQ. REPORTED BY: BARRIE HART CSR#6954 ENDORSED ph £o1 12] 13 14 15) 16| 11] 18| 19) 29 21) 22| 23 24| 25) 26 27, 28 FRIDAY, APRIL 17, 2015 8:30 A. -~000-- THE COURT: Moon. Celeste Moon. Case ending 666. The motion to suppress evidence, what actual evidence did you want suppressed? MR. SCHWAIGER: Well, your Honor, actually I'd like to maybe, in midstream, do a bit of a change on that. What I'm going to be asking for at this point, based on my further analysis of where I believe the constitutional violations took place in the encounter, my request today is I'm inviting the Judge to dismiss pursuant to 1385 based on the misconduct of the police officer; his, what I think can be properly characterized as dishonesty on the stand, and use of force at the contact. THE COURT: Okay. So I actually, based on my research kind of thought that's where you were going, because really it's the only place you could go. and I am going to respectfully deny that Mr. Schwaiger. I can't -- I couldn't find anything that supported, other than just a 1385 generally, a motion to dismiss under Penal Code 1385, but -- and especially based on what she said about running from the deputy, and that's why. But I'm telling you, Mr. Uemura -- I'm directing you -- I've already asked -- I'm going to be asking for a transcript of this. You have a video. You need to talk to your Brady supervisors in your office, because it's my considered opinion that Mr. Schwaiger is correct in his109} 11) 12) 13) 14) 15 16 17 18} 19} 20) 21| 22) 23) 24) 25 26| 27) 28 analysis, based on the testimony of the officer. But, the motion is denied and the charges will stand, because based on her testimony, it's clear to me that she ran from deputy -- from the deputy inappropriately and there -- there may be, based on the jury's determination, a 148 right there. MR. UEMURA: Your Honor, just to be clear, the Court isn't making any factual findings as to the officer's testimony? THE COURT: I'm saying this needs to be put in your Brady file; that's what I'm saying (Whereupon the proceedings in this matter were concluded.) 314} 12] 13] 14 15) a 18) a 20 23] 22] 23 24 25 2g 2 28| STATE OF CALIFORNIA ) ) ss COUNTY OF SONOMA ) CERTIFICATE OF OFFICIAL REPORTER I, BARRIE L. HART, C.S.R. #6954, hereby certify: THAT on Friday, April 17, 2015 at the hour of 8:39 a.m. thereof, I reported in shorthand writing the proceeding had in the matter of The People of the State of California versus Celeste Moon No. SCR-661666. THAT I thereafter caused my said shorthand writing to be transcribed into longhand typewriting. THAT the foregoing pages 1 through 4 constitute and are a full, true, correct and accurate transcription of my said shorthand writing and a correct and verbatim record of the proceedings so had and taken, as aforesaid. DATED this 27th day of April, 2015. BARRIE L. HART, CSR 6954