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Search warrant affidavit stays sealed in HGH case
[font=Tinos, Georgia, serif]A judge Tuesday ordered part of the search warrant records relating to the arrest of the son of Ventura County Supervisor Peter Foy to be unsealed but denied The Star's request to unseal the search warrant affidavit.[/font]
[font=Tinos, Georgia, serif]An affidavit is a sworn declaration by law enforcement presented privately to a judge that supports in detail why a search of a house or other property is necessary. The document also has details about the investigation that shore up reasons to search for evidence.[/font]
[font=Tinos, Georgia, serif]Citing concerns about protecting a confidential informant, Ventura County Superior Court Judge Brian Back issued the ruling after the newspaper filed a motion to unseal the search warrant affidavit in the case involving Peter Foy II, who is accused of manufacturing and selling HGH, a human growth hormone.[/font]
[font=Tinos, Georgia, serif]The drug is used by bodybuilders and others. Foy is a personal trainer.[/font]
[font=Tinos, Georgia, serif]Foy, 33, was arrested by Simi Valley police in 2009. He has pleaded not guilty to the charges and remains free on his own recognizance.[/font]
[font=Tinos, Georgia, serif]In an interview, Diana Callaghan, a deputy attorney general in Los Angeles, said Back made the right decision and that the judge was following the state's evidence code, which allows certain information to be kept confidential, including the identity of police informants.[/font]
[font=Tinos, Georgia, serif]"They should be sealed until such time as they are no longer confidential," she said, adding that a judge decides when a search warrant can be unsealed.[/font]
[font=Tinos, Georgia, serif]After the nearly one-hour hearing, attorney Glenn Dickinson, who represented The Star, said the newspaper got a portion of what it was seeking, the so-called search warrant return, which describes the evidence gathered by police.[/font]
[font=Tinos, Georgia, serif]"The law wants to ensure the protection of the identity of the person," Dickinson said. "There is a rationale for it. It encourages other people to come forward and act as confidential informants."[/font]
[font=Tinos, Georgia, serif]However, Dickinson says certain information in the affidavit could be redacted to keep the identity of the informant confidential. He said plenty of federal and state laws support his premise to unseal the affidavit.[/font]
[font=Tinos, Georgia, serif]Dickinson said he plans to talk to Callaghan about the possibility of redacting anything that might identify the informant and disclosing the remaining information. If not, the newspaper will ask the judge to review the affidavit in private.[/font]
[font=Tinos, Georgia, serif]"And, determine that if every single word in it tends to identify the confidential informant," Dickinson said.[/font]
[font=Tinos, Georgia, serif]A judge Tuesday ordered part of the search warrant records relating to the arrest of the son of Ventura County Supervisor Peter Foy to be unsealed but denied The Star's request to unseal the search warrant affidavit.[/font]
[font=Tinos, Georgia, serif]An affidavit is a sworn declaration by law enforcement presented privately to a judge that supports in detail why a search of a house or other property is necessary. The document also has details about the investigation that shore up reasons to search for evidence.[/font]
[font=Tinos, Georgia, serif]Citing concerns about protecting a confidential informant, Ventura County Superior Court Judge Brian Back issued the ruling after the newspaper filed a motion to unseal the search warrant affidavit in the case involving Peter Foy II, who is accused of manufacturing and selling HGH, a human growth hormone.[/font]
[font=Tinos, Georgia, serif]The drug is used by bodybuilders and others. Foy is a personal trainer.[/font]
[font=Tinos, Georgia, serif]Foy, 33, was arrested by Simi Valley police in 2009. He has pleaded not guilty to the charges and remains free on his own recognizance.[/font]
[font=Tinos, Georgia, serif]In an interview, Diana Callaghan, a deputy attorney general in Los Angeles, said Back made the right decision and that the judge was following the state's evidence code, which allows certain information to be kept confidential, including the identity of police informants.[/font]
[font=Tinos, Georgia, serif]"They should be sealed until such time as they are no longer confidential," she said, adding that a judge decides when a search warrant can be unsealed.[/font]
[font=Tinos, Georgia, serif]After the nearly one-hour hearing, attorney Glenn Dickinson, who represented The Star, said the newspaper got a portion of what it was seeking, the so-called search warrant return, which describes the evidence gathered by police.[/font]
[font=Tinos, Georgia, serif]"The law wants to ensure the protection of the identity of the person," Dickinson said. "There is a rationale for it. It encourages other people to come forward and act as confidential informants."[/font]
[font=Tinos, Georgia, serif]However, Dickinson says certain information in the affidavit could be redacted to keep the identity of the informant confidential. He said plenty of federal and state laws support his premise to unseal the affidavit.[/font]
[font=Tinos, Georgia, serif]Dickinson said he plans to talk to Callaghan about the possibility of redacting anything that might identify the informant and disclosing the remaining information. If not, the newspaper will ask the judge to review the affidavit in private.[/font]
[font=Tinos, Georgia, serif]"And, determine that if every single word in it tends to identify the confidential informant," Dickinson said.[/font]
