![]() Kites present a jail security risk because inmates may use them to communicate about smuggling contraband or to plan assaults on other inmates. Testimony in the record describes that kites are rolled up and often wrapped in plastic to minimize their size and to facilitate concealment in an inmate’s clothing, mouth or rectum. According to pleadings filed in opposition to an in camera examination of the writings at issue, a kite is a clandestine note usually written on a small piece of paper in very small print and used by an inmate to communicate with another person either inside or outside of the jail. We take the following from the record of proceedings in connection with a defense motion to prevent disclosure of “kites” Cortez attempted to mail from jail to his attorney. The District Attorney alleges that while detained on another matter, Cortez and a codefendant fatally strangled their cellmate, German Carrillo. BACKGROUND Real party in interest Jason Joel Cortez is an inmate at the Santa Cruz County Jail, awaiting trial on charges he committed murder in the jail for the benefit of a criminal street gang. We will therefore issue a peremptory writ of mandate requiring the Superior Court to vacate its order finding otherwise. We conclude that because the inmate here did not establish the kites are a confidential communication to his attorney, the attorney-client privilege does not apply. We must decide in this case whether a suspected inmate “kite”-a written message sent in violation of jail rules-is covered by the attorney-client privilege when it is contained in an envelope sent by an inmate to his attorney. THE SUPERIOR COURT OF SANTA CRUZ COUNTY, Respondent JASON JOEL CORTEZ, Real Party in Interest. Even if the jail violated the regulation requiring legal mail to be opened in the inmate’s presence, the remedy would not automatically render everything inside the envelope-including communications intended for people other than an attorney-subject to attorney-client privilege.įiled 1/12/23 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT THE PEOPLE, No. ![]() The magistrate’s findings were supported by substantial evidence. I do not find the attorney-client privilege applies.” The court of appeal agreed. I did not read the substance … none of them were addressed to. The officer informed his supervisor.Ī magistrate conducted an in-camera examination and concluded: The messages have “the teeny tiny writing. Kites are clandestine notes, written by inmates on small pieces of paper in very small print, then rolled up to minimize their size and facilitate concealment. ![]() The envelope contained another envelope fashioned from the lined yellow paper, marked “do not read.” The officer opened it and found multiple "kites," each made from different colored paper and with different writing. Suspecting the envelope contained contraband, he opened it but not in front of Cortez. An officer noticed an envelope from Cortez addressed to his attorney with a “bulk in the center.” It smelled of feces. ![]() To preserve confidentiality, mail from an inmate to an attorney is opened in front of the inmate the contents are visually inspected but not read. Jail personnel search inmate mail for contraband.
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