CASE MATERIALS

Text of California Supreme Court Order to Show Cause

S130495
IN THE SUPREME COURT OF CALIFORNIA

En Banc
In re JARVIS J. MASTERS on Habeas Corpus

THE COURT:

Based on the record in this matter and good cause appearing:

The Honorable Verna Adams, Presiding Judge of the Superior Court of California, County of Marin, is directed to select a Judge of the Superior Court of California, County of Marin to sit as a referee in this proceeding and promptly to notify this court of the referee selected. After appointment by this court, the referee will take evidence and make findings of fact on the following questions regarding the case of People v. Jarvis J. Masters (Marin County Superior Court No. 10467; Judge Beverly B. Savitt):

1. Was false evidence regarding petitioner’s role in the charged offenses admitted at the guilt phase of petitioner’s trial? If so, what was that evidence?

2. Is there newly discovered, credible evidence indicative of petitioner’s not having been a participant in the charged offenses? If so, what is that evidence?

3. What, if any, promises or threats were made to guilt phase prosecution witness Rufus Willis by District Attorney Investigator Charles Numark or Deputy District Attorneys Edward Berberian or Paula Kamena? Was Willis’s trial testimony affected by any such promises or threats, and, if so, how?

4. Were there promises, threats or facts concerning guilt phase prosecution witness Bobby Evans’s relationship with law enforcement agencies of which Deputy District Attorneys Berberian and Kamena were, or should have been, aware, but that were not disclosed to the defense? If so, what are those promises, threats or facts?

5. Did Deputy District Attorneys Berberian and Kamena knowingly present false testimony by Bobby Evans? If so, what was that testimony?

6. What, if any, promises or threats were made to Bobby Evans by District Attorney Investigator Numark, Department of Corrections Investigator James Hahn, or Deputy District Attorneys Berberian and Kemena? Was Evans’s trial testimony affected by any such promises or threats, and, if so, how?

7. Did penalty phase prosecution witness Johnny Hoze provide false testimony regarding petitioner’s involvement in the murder of inmate David Jackson? If so, what was that false testimony?
   

It is further ordered that the referee prepare and submit to this court a report of the proceedings conducted pursuant to this appointment, of the evidence adduced, and the findings of fact made.