Legal Question in Criminal Law in California

Hi there. I had a question about how to obtain legal documents that I assume should be open to public access, but I can't seem to find out how to look them up (without having to resort to LexisNexis, which I don't have access to).

I have been trying to get the court documents and trial transcripts (including handwritten notes by the defendant) for a serial murder case that occurred in 1973 in Santa Cruz County. This is a high-profile criminal case, and I am searching for this information on behalf of the defendant in question, who has been in prison for the past 40 years. (I correspond with him). He is currently incarcerated and his most recent parole hearing was in February of 2011 and he is currently appealing the decision.

He and I have tried to obtain the trial transcripts and court documents for about a year and a half now through online resources such as the Santa Cruz County public library and the law library and other resources. It seems these documents can only be obtained by an attorney. My question basically is this: How do I go about hiring a lawyer to obtain these documents? Can an attorney simply look these documents up and send copies to him and then be paid for that single act (billed per hour or however), or must the attorney perform this task within the context of being hired as an attorney for his case (as his parole attorney, for example). As you can probably tell, I am completely unfamiliar with how to go about either obtaining the documents, or even hiring a professional to get them for me.

Any information would be greatly appreciated. Thank you!


Asked on 2/20/14, 11:43 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Dream on. Your assumptions are not based upon any facts. None of this will likely be 'online', and will probably no longer exist at all.

Most courts have for some years been disposing of old case paper files. Some files may be on microfiche or even computer scanned, but I wouldn't count on a 40 year old file being on either. Many courts are retaining only a one page summary of the old cases, if at all. You can go to or write the court[s], the prosecutor's office[s], the party's attorneys offices, and see if any file or documents you seek still exist in any form.

Transcripts are not part of trial court records, unless in an appeal court evidence file, which may no longer exist. Same reality about disposal applies.

Virtually all CA courts are now online with records access, and if you haven't found records of this case, that tells you something valuable. If you don't know even how to search for these things, then hire an attorney, or even a private paralegal service, local to that court, who is willing to take your money for his time involved. Contact the Lawyer Referral Service in that area for criminal appeals attorneys, if you can't find one any other way. If the convict has an appeals attorney, as implied, he is the one for you to discuss this with.

I will make no comment about the merit, validity, timeliness, use of time and assets, or wisdom of trying to appeal a 40 year old conviction, especially without all the required trial documentation that you now appear to be seeking. His determination of the good faith of this action will have to apply.

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Answered on 2/21/14, 2:21 am
Anthony Roach Law Office of Anthony A. Roach

Aside from Mr. Nelson's negativity, the first place to get copies of documents would be to call or write to any of the attorneys that were involved, either at the trial level or at the appellate level. The second option is to go to the trial court and see if any records remain, or the court of appeal which handled any earlier appeal.

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Answered on 2/21/14, 7:20 am


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