People v. Dixon

• Decision Date: 08 March 2007
• Docket Number: No. E038509.,E038509.
• Citation: 148 Cal.App.4th 414,56 Cal.Rptr.3d 33
• Court: California Court of Appeals Court of Appeals
• Parties: The PEOPLE, Plaintiff and Respondent, v. James Howard DIXON, Defendant and Appellant.

56 Cal.Rptr.3d 33

148 Cal.App.4th 414

The PEOPLE, Plaintiff and Respondent, v. James Howard DIXON, Defendant and Appellant.

No. E038509.

Court of Appeal, Fourth District, Division 2.

March 8, 2007.

Chris Truax, under appointment by the Court of Appeal, San Diego, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Bradley A. Weinreb and Ronald A. Jakob, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

McKINSTER, J.

1. Introduction

A jury found defendant James Howard Dixon to be a sexually violent predator and the trial court recommitted defendant to a secured facility under the Sexually Violent Predators Act (SVPA) (Welf. & InstCode, § 6600 et seq.). Defendant appeals the judgment and raises two claims of error. Defendant claims the court erred in granting the media's request to televise or videotape the proceedings. Defendant also claims the court erred in failing to order the prosecutor to disclose the victims' contact information.

In addressing defendant's first claim, we explain that while the public and the press may have a First Amendment right to attend the proceedings, the press does not have a constitutional right to have a camera in the courtroom. The trial court erred in failing to apply the proper standard in evaluating the media's request to televise the proceedings and, specifically, in failing to give adequate consideration to the factors listed in California Rules of Court, rule 1.150 (formerly rule 980¹) The error, however, is harmless because defendant cannot show that the media's intrusion affected the jury's determination that he satisfied the criteria for recommitment.

As to defendant's second claim, we recognize that, as a special proceeding of a civil nature, a civil commitment proceeding under the SVPA must apply the rules set forth in the Civil Discovery Act of 1986 (Code Civ. Proc, § 2016 et seq.) (hereafter "Civil Discovery Act" or "the Act".) We nevertheless conclude that, while defendant was entitled to the victims' contact information under the Civil Discovery Act, he failed to make a timely demand as required under the Act.

We affirm the judgment.

2. Factual and Procedural History

In 1978 and 1987, defendant was convicted of various violent sex crimes against three separate victims. The 1978 incidents occurred in San Diego. While 15-year-old Joy P. was babysitting, defendant approached the house and insisted that he be allowed inside to retrieve something. After arguing with defendant for several minutes, Joy allowed defendant into the house. Inside, defendant put his hand over Joy's mouth and pointed what appeared to be a knife against her back. Defendant ordered Joy into the bedroom, where he forced her to orally copulate him and then raped her. After defendant forced her to orally copulate him a second time, Joy was able to slip out the front door and run to her parent's house next door.

A few days later, defendant also assaulted 30-year-old Crystal M., who was working as a cab driver. After having Crystal drive around, he placed a metal comb against her throat and demanded sex. In addition to raping Crystal, defendant beat her on the head with objects from the cab, including the meter flag. Afterwards defendant left Crystal on the street, bloody and barely conscious.

The 1987 incident occurred in Riverside. While Jane D. was asleep in her apartment, defendant came into her bedroom and pinned her down by the shoulders. Defendant hit Jane about a dozen times across her face and choked her with his hand. During the course of the night, defendant repeatedly attempted to penetrate Jane's vagina and anus with his penis. When defendant fell asleep, Jane got away and went for help. The officers found defendant asleep on Jane's bed. When they attempted to arrest him, he broke free and punched one of the officers. Only after a violent struggle were the officers able to handcuff defendant and place him under arrest.

Defendant pled guilty to the crimes. He initially served his sentence in state mental hospitals, but, after his treatment proved ineffective, he was sent to prison.

On August 2, 2000, a jury found that defendant was a sexually violent predator within the meaning of Welfare and Institutions Code section 6(300, et seq. The trial court placed defendant in the custody of the Department of Mental Health.

On June 20, 2002, the Riverside County District Attorney filed a petition for subsequent commitment under Welfare and Institutions Code section 6604, et seq. On July 20, 2004, the district attorney filed another petition for subsequent commitment. The trial court consolidated both petitions for trial.

During the trial, the prosecutor presented the testimony of Dr. Shoba Sreenivasan, a licensed psychologist, and Dr. Gabrielle Paladino, defendant's treating psychiatrist at Atascadero State Hospital. Both psychological experts diagnosed defendant with paraphilia, alcohol dependency, and antisocial personality disorder. Both experts also concluded that defendant was a sexually violent predator and was likely to reoffend.

Defendant admitted only that he had problems with anger and alcohol. Defendant claims that he has resolved these problems by taking anger management classes and receiving treatment for alcohol dependence. Defendant's expert, Dr. Mary Jane Alumbaugh, testified that defendant was not likely to reoffend because he was now 48 years old.

During the trial, Joy, Jane, and the police officers who responded to Jane's apartment testified that defendant did not manifest any signs of being under the influence of alcohol.

The jury found defendant to be a sexually violent predator who remains a danger to others within the meaning of Welfare and Institutions Code section 6600. The trial court ordered defendant to be recommitted to the Department of Mental Health for further treatment in a secured facility.

3. Press Coverage

The question we address in this, opinion is whether the trial court properly exercised its discretion in allowing the media to videotape a civil commitment proceeding under SVPA.

Before the trial, defendant filed motions for a change of venue and for orders to seal the record, close the proceedings, and prohibit television coverage of his trial. The case had drawn substantial media attention and reporters from both CBS 2 and the Press-Enterprise were contacting counsel for interviews. On June 8, 2005, defendant's counsel was informed that the media had sought to televise defendant's trial. In her arguments in support of the defense motions, defendant's counsel argued that, based on the highly sensitive nature of the proceedings and the public prejudice against sex offenders, any additional and unnecessary media attention would prevent defendant from receiving a fair trial. Counsel specifically argued that defendant's psychological records were confidential under Welfare and Institutions Code section 5327 and any use of these records during the civil commitment proceedings should not allow for the dissemination of defendant's personal information to the public. Counsel also argued that televising the proceedings would intimidate defense witnesses from testifying, thereby making it impossible to present a defense.

The court held a hearing on defendant's motions on June 9, 2005. David Wohl of CBS 2 and counsel for the Press-Enterprise attended the hearing. Defendant's attorney initially remarked that the media's request to televise the proceedings was untimely. Defendant's counsel also discussed the arguments presented in her moving papers, mentioning specifically the confidentiality of defendant's mental health records and the effect of the anticipated media attention on defendant's ability to have an impartial jury and procure witnesses for his defense. Both Wohl and counsel for Press-Enterprise argued for the public's First Amendment right to have access to both criminal and civil trials. Defendant's attorney responded that involuntary civil commitment proceedings, such as proceedings under the Lanterman-Petris-Short Act, are typically closed and confidential. Counsel explained that courts have found that civil commitment proceedings under the SVPA are not intended to be punitive in nature, but instead, are designed to determine the defendant's need for hospitalization.

The trial court denied defendant's motion. On the question of whether to allow a camera in the courtroom, the court concluded that, despite the concerns raised by defendant, there were less restrictive alternatives to denying such coverage. The court instructed Wohl to position his camera so that it would not be a distraction. The court also indicated that it would protect the identity of the jurors and, where necessary, the defense witnesses.

Although the trial court's approach appears to be reasonable, it is apparent upon closer examination that the court failed to give proper consideration to the factors listed in rule 1.150. As will be discussed below, when confronted with the precise issue involved in this case, the federal courts have held that the public and the press do not have a constitutional right to broadcast or videotape court proceedings. California law specifically prohibits the broadcasting of court proceedings, unless the court reasonably exercises its discretion by applying a certain set of factors. The record shows that the court failed to give proper consideration to these factors.

A. The Press and Civil Commitment Proceedings

We begin our analysis with the broader question of whether the press should have access to a civil commitment proceeding under the SVPA. Although this is not the precise issue in this case, this is the question that preoccupied much of the hearing below and the briefs on appeal. A discussion of this question also will provide the necessary background for addressing the propriety of television...