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Falls v. Superior Court2/20/1996
WOODS (Fred), J.
Petitioners Dennis Ferris and Thomas Falls are Los Angeles County deputy district attorneys being sued for failing to warn or protect a witness to a drive-by gang murder. Eight months after testifying at the preliminary hearing and prior to trial, the witness was murdered. His parents, real parties in interest, sued petitioners and others; petitioners moved for summary judgment, asserting immunity; the trial court (Superior Court Commissioner Emilie Elias) denied the motion as to three of four causes of action. This petition for a writ of mandate followed. We grant the writ.
FACTUAL AND PROCEDURAL BACKGROUND
The material facts are undisputed. We summarize them.
On November 10, 1991, gang members Arthur Melendrez and Joey Salazar borrowed a car from fellow gang member George Nunez. That same afternoon, Luis Lopez was outside the home of an acquaintance, 14-year-old Eduardo Samaniego, when Melendrez and Salazar drove by. The car passenger, Melendrez, shot and killed Luis Lopez. Melendrez and Salazar drove off and promptly returned the car to Nunez who smelled gunpowder in it.
Police arrived at the murder scene, interviewed witnesses, and obtained statements including that of Eduardo Samaniego. He stated he had witnessed the murder and saw Arthur Melendrez shoot Luis Lopez.
Thereafter, the district attorney's office filed a felony complaint charging Melendrez and Salazar with the murder of Luis Lopez.
On or before November 21, 1991, George Nunez learned "that his gang . . . planned to kill him for cooperating with the police." Apparently Nunez informed the police of the threat and requested protection because on November 21, 1991, Deputy District Attorney Dennis Ferris, the prosecutor assigned to prosecute Melendrez and Salazar, filed an ex parte motion in superior court for payment of relocation costs for Nunez.
The preliminary hearing was scheduled for December 5, 1991, and Deputy District Attorney Ferris subpoenaed Eduardo Samaniego and other witnesses for that hearing.
On December 5, 1991, with Deputy District Attorney Ferris engaged, the Melendrez-Salazar preliminary hearing was "handed off" to Deputy District Attorney Thomas Falls. He had had no prior involvement with the case and was unaware of the threat to and relocation of George Nunez.
Before the hearing, Deputy District Attorney Falls met with the investigating officers and then with the witnesses.
At the witness meeting, according to witness Bulmaro Oseguera, "all of the witnesses present [including Eduardo Samaniego] . . . told Mr. Falls that we did not want to testify . . . because we were scared we would be hurt or killed."
Deputy District Attorney Falls "explained the witness relocation procedure in detail to those present"; he "specifically advised . . . every person . . . that if they or any family member were threatened in any way, that the necessary steps to relocate them would be taken"; he asked each witness if he or any member of his family had been threatened or if he had heard of threat rumors at school or from friends; each witness said he had not been threatened and had not heard of any threats; he told each witness "to immediately call the Pomona Police Department if they were threatened or if they became aware of any possible threat"; he made sure each witness and parent, if present, "had the business cards or phone numbers of Detectives Cole, Guenther and the Pomona Police Department"; he informed them "that in the past, other gang member witnesses to gang crimes had been injured, killed and threatened in retaliation for testifying" and he also told them
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