memo

TO: Department 95 Attorney

FROM: Alissa M...n, DPD II,
Central Misdemeanors
(213) 893-7945


DATE: October 7, 2009

SUBJECT: People v. Alisa Spitzberg 8CA10541

______________________________________________________________________________



Ms. Spitzberg is an out-of-custody pro per defendant whom we’ve been appointed to represent for Doubt Proceedings only. In my opinion, she is competent ).
I was not present on 08/12/09 when Judge Jessner declared a doubt in Dept. 40 but from what Ms. Spitzberg and from what public defenders who were present tell me, Judge Jessner did so upon the urging of City Attorney prosecutors at an ex parte bench conference and without articulating reasons for doing so. Ms. Spitzberg did go to Dept 95 on 09/03/09, but since Judge Jessner forgot to appoint counsel, she was sent back to Dept. 40 on 09/08/09. In my presence, Ms. Spitzberg appeared on her own behalf and a further pretrial was set for 10/02/09. On 10/02/09 the parties were sent out to Dept. 51 (Judge Vanderet) for both prosecution and defense motions.
I attended the motions because Ms. Spitzberg informed me that the prosecution had filed a “Motion to Appoint Counsel and Set a 1368 Hearing.” I watched Ms. Spitzberg argue that the prosecution had no standing in the matter and that no doubt had ever been declared by Judge Jessner. I think she argued this competently and intelligently. Pursuant to PC 1368, Judge Vanderet appointed the Public Defender’s office as counsel and admitted that Judge Jessner had neglected to do that. I argued that under PC 1368, once counsel is appointed for a pro per defendant, the appointed counsel should take reasonable time to decide whether, in their opinion, the defendant is competent. I put on the record that it was my belief after speaking with Ms. Spitzberg and watching her in court on more than one occasion that she is competent. Judge Vanderet sent her back to Dept. 95 despite my arguments.
I have never seen the complaint or arrest reports associated with Ms. Spitzberg’s case. They were not given to me, so I’m sorry but I cannot attach them.

Thanks!