superior court of california
`city and county of san francisco
`appellate division
`
`ELECTRONICALLY
`F I L E D
`
`Superior Court of California,
`County of San Francisco
`03/27/2024
`Clerk of the Court
`BY: DORA LOUIE
`Deputy Clerk
`
`No. app-24-8753
`
`Superior Court No. 23018799
`
`John Leibrand,
`Petitioner,
`v.
`San Francisco Superior Court,
`Respondent;
`People of the State of California,
`Real Party in Interest.
`
`exhibits in support of petition for a writ of mandate
`or prohibition
`
`volume 9
`
`Manohar Raju, Public Defender
`Matt Gonzalez, Chief Attorney
`Oliver Kroll, sbn 295333
`oliver.kroll@sfgov.org
`555 Seventh St
`San Francisco, ca 94103
`(415) 575 8831
`
`Attorneys for Petitioner
`
`
`

`

`volume 9 table of contents
`
`
`W-D. People v. Waterman (no. 23015368), Supplemental Exhibits
`in Support of Motion to Dismiss for Speedy Trial
`Violation ................................................................................. PE 1853
`W-E. Supplemental Declaration of Oliver Kroll .............................. PE 1857
`Reports from Superior Court's Chief Data Officer ................. PE 1859
`50.
`
`
`
`9 PE 1852
`
`

`

`exhibit W-D
`People v. Waterman (no. 23015368), Supplemental Exhibits in Support of
`Motion to Dismiss for Speedy Trial Violation
`
`9 PE 1853
`
`

`

`Public Defender
`City and County of San Francisco
`Matt Gonzalez
`Chief Attorney
`Oliver Kroll 295333
`Lauren BurrusFikes 335470
`Deputy Public Defenders
`555 Seventh Street
`San Francisco, CA 94103
`Direct: (415) 575-6390
`Main: (415) 553-1671
`Email: oliver.kroll@sfgov.org
`
`—\Ooo~]ONnA>ee)nN Manohar Raju
`
`Attorneys for KELLY WATERMAN
`
`HOR dtl.
`*
`wae
`°
`eoamige Duint! oP
`C. ht fog
`“WS
`
`12H MAR -7 PM 2: Ob
`
`a 2
`
`2
`
`“ CLEEF
`
`oiniesBUR”'
`
`
`
`
` |
`f
`MAR OT 2024
`|By: easesYONcostes
`
`Superior Court of the State of California
`County of San Francisco
`
`People of the State of California,
`
`Court No. 23015368
`
`Plaintiff,
`
`VS.
`
`KELLY WATERMAN,
`
`Defendant.
`
`
`
`Supplemental Exhibits in Support of
`Motion to Dismiss for Speedy Trial
`Violation (Pen. Code, § 1382)
`
`Date:
`Time:
`Dept.:
`
`03/18/2024
`9:00 AM
`017
`
`The defendant submits the attached compactdisc containing Exhibit 50 and supplemental
`
`declaration in support of the motion to dismiss. The contents of the disc are also available at
`
`https://tinyurl.com/mfzznsa3.
`
`Dated: 3/7/2024
`
`Respectfully submitted.
`
`Manohar Raju
`Matt
`alez
`
`Oliver Kroll
`Attorneysfor Defendant
`
`-l-
`Motion to Dismiss for Speedy Trial Violation (Pen. Code, § 1382)
`KELLY WATERMAN/ Court No. 23015368
`
`9 PE 1854
`9 PE 1854
`
`

`

` +
`
`9 PE 1855
`9 PE 1855
`
`

`

`I say:
`
`Proof of Service
`
`I am over eighteen years of age and nota party to the above action. Mybusiness addressis
`
`555 Seventh Street, San Francisco, California 94103.
`
`I, Oliver Kroll, served copies of the attached on the following:
`
`San Francisco District Attorney Rachel Flaherman
`350 RhodeIsland Street
`North Building, Suite 400N
`San Francisco, CA 94103
`
`I declare under penalty of perjury that the foregoingis true and correct.
`
`Executed on 3/7/2024 in San Francisco, California.
`
`Oliver Kroll
`
`9 PE 1856
`9 PE 1856
`
`

`

`exhibit W-(cid:6)
`Supplemental Declaration of Oliver Kroll
`
`9 PE 1857
`
`

`

`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`Supplemental Declaration of Oliver Kroll
`
`
`
`I, Oliver Kroll, declare:
`
`Exhibit 50 is a true and correct copy of a series of reports from Michael
`1.
`Corriere, about the court’s backlog. They were produced by the Court in response to a judicial
`records request by the San Francisco District Attorney’s Office.
`
`
`
`I declare under penalty of perjury under the laws of the State of California that the
`
`foregoing is true and correct. Executed on March 7, 2024, at San Francisco, California.
`
`
`
`
`
`
`
`
`
`/s/
`
`
`OLIVER KROLL
`
`
`1
`Supplemental Declaration of Oliver Kroll
`
`
`
`
`9 PE 1858
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`exhibit 50
`Reports from Superior Court's Chief Data Officer
`
`9 PE 1859
`
`

`

`Note: Brackets “[…]” indicate omission of exempt and non-responsive content.
`
`From: Michael Corriere
`Sent: Monday, January 30, 2023 3:32 PM
`Subject: Operations Reduction/COVID-19 Dashboard: December 2022 Final
`
`[…]
`
`
` A
`
` disproportionate share of active pending caseload consists of trials that have been delayed due to the pandemic. Throughout most of
`CY 2021, the Court found success in diverting misdemeanor cases set for trial, and both felony and misdemeanor trial activity picked up
`in the second half of the year. However, misdemeanor diversion activity has not kept pace over the past year and trial activity has yet
`to recover fully from the Omicron surge. As a result, criminal trial backlog has risen for the fourteenth consecutive month and is up
`232% since October 2021 (+589 days). Criminal trial backlog remains down 29% (-340 days) from its peak in December 2020 but is
`at its highest level since then.
`
`[…]
`
`
`
`9 PE 1860
`
`

`

`
`
`00.0
`
`00.0
`
`00.0
`
`00.0
`
`90.0
`
`CHART. SFSC EstimatedTrial Backlog in Days through Dec 31, 2022
`
`
`
`842.1
`
`Crimina
`
`0.0
`
`C
`
`0.0
`
`UFC
`
`) ~
`
`JoOo4
`NJWw7.wi
`
`CHART. SFSC EstimatedTrial Backlog in FTEs through Dec 31, 2022
`
`7.69
`
`00
`
`<n
`
`|CO
`
`00
`
`00
`
`00
`
`00
`
`00
`
`00
`
`mowhbwo
`
`oO»
`
`
`
`
`
`
`9 PE 1861
`
`on
`
`he
`
`
`
`
`
`
`
`00
`
`
`

`

`
`
`
`
`
`From: Michael Corriere
`Sent: Monday, February 27, 2023 2:02 PM
`Subject: Operations Reduction/COVID-19 Dashboard: January 2023 Final
`
`[…]
`
` A
`
` disproportionate share of active pending caseload consists of trials that have been delayed due to the pandemic. Throughout most of
`CY 2021, the Court found success in diverting misdemeanor cases set for trial, and both felony and misdemeanor trial activity picked up
`in the second half of the year. However, misdemeanor diversion activity has not kept pace over the past year and trial activity has yet
`to recover fully from the Omicron surge. As a result, criminal trial backlog has risen for the fifteenth consecutive month and is up
`251% since October 2021 (+635 days). Criminal trial backlog remains down 25% (-294 days) from its peak in December 2020 but is
`at its highest level since then.
`
`[…]
`
`
`
`9 PE 1862
`
`

`

`
`
`CHART. SFSC EstimatedTrial Backlog in Days through Jan 31, 2023
`
`888.4
`
`C rimina
`
`0.0
`
`0.0
`
`CHART. SFSC EstimatedTrial Backlog in FTEs through Jan 31, 2023
`
`OooO
`
`8.11
`
`
`
`
`
`
`
`
`
`
`
`oF
`
`
`
`
`
`
`
`
`9 PE 1863
`
`
`
`|CO
`nan
`
`i)Ww7.UoOoOoooooooOooo
`
`

`

`
`From: Michael Corriere
`Sent: Monday, March 27, 2023 10:02 AM
`Subject: SPECIAL REPORT: Operations Reduction/COVID-19 Dashboard - Three-Year Assessment
`Executive Summary
` The San Francisco Superior Court’s reduction in service response to COVID-19 created substantial backlogs, including:
`[…]
`
`
`
`o 1,844 court days of trial backlog (13.76 staff years),
`o 152% increase in future scheduled Felony trials,
`
`[…]
`
`o The Criminal trial backlog stands at 935 court days (8.54 staff years) and continues to rise, having done so for 16
`consecutive months.
`
`9 PE 1864
`
`

`

`
`
`
`From: Michael Corriere
`Sent: Friday, April 28, 2023 9:34 AM
`Subject: Court Performance Measures Dashboard: March 2023 Final
`
`[…]
`
`
` A
`
` disproportionate share of active pending caseload consists of trials that have been delayed due to the pandemic. Throughout most of
`CY 2021, the Court found success in diverting misdemeanor cases set for trial, and both felony and misdemeanor trial activity picked up
`in the second half of that year. However, misdemeanor diversion activity has not kept pace over the past year and trial activity has yet
`to recover fully from the Omicron surge. Criminal trial backlog declined slightly in March, snapping a string of fifteen consecutive
`increases, but it remains up 266% since October 2021 (+672 days). Criminal trial backlog is now down 22% (-256 days) from its peak
`in December 2020.
`
`[…]
`
`
`9 PE 1865
`
`

`

`1000.0
`
`
`
`CHART. SFSC EstimatedTrial Backlog in FTEs through Mar31, 2023
`
`
`
`8.46
`
`CHART. SFSC EstimatedTrial Backlog in Days through Mar31, 2023
`
`926.3
`
`Crimina
`
`0.0
`
`LIV
`
`0.0
`
`"1
`
`oO)
`
`U
`
`
`
`
`
`600
`
`
`
`
`
`
`
`9 PE 1866
`
`

`

`
`
`[NO REPORT ISSUED FOR APRIL 2023]
`
`From: Michael Corriere
`Sent: Thursday, June 29, 2023 11:59 AM
`Subject: Court Performance Measures Dashboard: May 2023 Final
`
`[…]
`
`
`
`
`9 PE 1867
`
`

`

`
`
` A
`
` disproportionate share of outstanding workload consists of criminal trials that have been delayed since the Court reopened on June
`28, 2021. Between October 2021 and April 2023, the trial backlog in criminal jumped from 707 days (+279%).
`
`Last month, the Court concluded 17 criminal trials (including 12 felonies), the most since December 2019. As a result, the backlog
`in criminal trial days dropped 73 days (-7.6%) to 887.2 days, the fewest since December.
`
`
`9 PE 1868
`
`

`

`
`
`Disaggregating the trials by criminal case type reveals that felony trial backlog days fell 18.9% in May and are down 92 days (-20.0%)
`from their February peak. Felony trial backlog days remain 116 days (+46%) above their post-pandemic low of 253.3 days set in
`October 2021.
`
`Misdemeanor trial backlog days climbed 7 days to a new post-reopening high of 450.2 days.
`
`From: Michael Corriere
`Sent: Monday, July 31, 2023 4:44 PM
`Subject: Court Performance Measures Dashboard: June 2023 Final
`
`[…]
`
`
`9 PE 1869
`
`

`

`
`
` A
`
` disproportionate share of outstanding workload consists of criminal trials that have been delayed since the Court reopened on June
`28, 2021. Between October 2021 and April 2023, the trial backlog in criminal jumped 707 days (+279%).
`
`However, the growth in criminal trial backlog has slowed over the past few months, decreasing to 667 days in June.
`
`
`9 PE 1870
`
`

`

`
`
`Disaggregating the trials by criminal case type reveals that felony trial backlog rose 16.6 days in June, but remains down 75.7 days (-
`16.4%) since February.
`
`Misdemeanor trial backlog days climbed 16.6 days to a new post-reopening high of 466.8 days.
`
`
`From: Michael Corriere
`Sent: Wednesday, August 30, 2023 12:57 PM
`Subject: Court Performance Measures Dashboard: July 2023 Final
`
`[…]
`
`
`9 PE 1871
`
`

`

`
`
` A
`
` disproportionate share of outstanding workload consists of criminal trials that have been delayed since the Court reopened on June
`28, 2021. Between October 2021 and April 2023, the trial backlog in criminal jumped 707 days (+279%).
`
`However, the growth in criminal trial backlog has slowed over the past few months, decreasing by 78 days (-8.1%) since April.
`
`
`9 PE 1872
`
`

`

`
`
`Disaggregating the trials by criminal case type reveals that felony trial backlog declined 11.6 days in July, and is down 150.2 days (-
`32.5%) since February.
`
`Misdemeanor trial backlog climbed 30.7 days to a new post-reopening high of 497.5 days.
`
`[REPORT NOT ISSUED AFTER AUGUST 2023]
`
`
`From: Michael Corriere
`Sent: Friday, January 13, 2023 4:07 PM
`To: Anne-Christine Massullo; Rochelle East; Loretta Giorgi; Vedica Puri; Gail Dekreon; Linda Colfax; Christopher Hite; Bruce ChanChan@sftc.org>; Brendan
`Conroy; Mark Culkins; Cynthia Karadi; Gina Guidi; Stella J. Lee
`Cc: Sue Wong; Ken Garcia
`Subject: December 2022 Monthly Criminal Statistics: EXECUTIVE SUMMARY
`
`
`9 PE 1873
`
`

`

`
`
`The enclosed statistics are current through December 31, 2022. Please see highlights below:
`
`NOTE: In August, we discovered that the JUSTIS tables we rely upon to extract most of our criminal data have stopped updating and that data for
`most criminal performance measures are therefore unavailable. We are working to correct the problem but do not have a hard estimate on when
`new data will be available. In the meantime, I am providing this update on criminal trials, the trial lists, and case transfers, which I receive from
`separate sources. I will issue a follow-up report at such time that further data become available and apologize for any inconvenience.
`
`HIGHLIGHTS
`
`FELONIES
` Two felony trials concluded last month. These resulted in 1 Hung Jury and 1 Continuance. The average length of felony trials
`concluding last month was 9.0 court days.
`In CY 2022, the Court conducted 51 felony jury trials. Compared to previous calendar years, felony trials were:
`o +75.9% from CY 2021 (29)
`o +88.9% from CY 2020 (27)
`o
`-44.6% from CY 2019 (92)
`
`MISDEMEANORS
` Two misdemeanor jury trials concluded last month, resulting in 1 Guilty Verdict and 1 Not Guilty Verdict.
`In CY 2022, the Court conducted 29 misdemeanor jury trials. Compared to previous calendar years, misdemeanor trials were:
`
`o +11.5% from CY 2021 (26)
`o +61.1% from CY 2020 (18)
`o
`-81.8% from CY 2019 (159)
` The average length of misdemeanor trials concluding last month was 4.0 court days.
`
`TRIALS on the TRIAL LISTS
`The charts and tables below examine characteristics of cases on the felony and misdemeanor trial lists. The charts distribute trials by case
`type, custody status, and time waiver status. Time waiver status is organized from most urgent (NTW, last day by end of week) to least
`urgent (GTW). These data all pertain to the week ending Friday, January 20.
`
`Felony Trials
` The total number of trials on the felony trial list declined 0.7% to 426, but remain near the highest levels since April. NTW trials fell 17%
`to 134, while GCF trials rose 8.5% to 282.
` DA MTCs remained at the highest levels since we started tracking them last September. DA MTCs are up 72% since the election of
`the new DA.
` PC 1382 Denied felony trials dropped to zero for the first time since we started tracking them. There were 69 of them in September
`2021.
`
`
`
`Misdemeanor Trials
` The total number of trials on the misdemeanor trial list jumped nearly 9% to 706, the most since we started tracking them last
`September. Misdemeanor trials have soared 479% since then.
`
`9 PE 1874
`
`

`

` NTW misdemeanors actually declined 15%, while GCF trials climbed 15% to 585, the highest total since we started counting.
` GTW misdemeanors edged up one trial to 9, the most since we started counting.
`
`
`
`
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`TABLE. SFSC Felony Trials by Select
`Characteristics: Week Ending…
`Total Trials
` NTW - Last day through end of week
` NTW - Last day through 1 month (less current
`week)
` NTW - Last day greater than 1 month
` GCF - Last day in Past (> 1 yr)
` GCF - Last day in Past (6-12 mo)
` GCF - Last day in Past (2-6 mo)
` GCF - Last day in Past (1-2 mo)
` GCF - Last day in Past (< 1 mo)
` GCF - Last day in Future
` GTW
`
`01/20/2
`023
`426
`14
`
`12/23/2
`022
`429
`14
`
`11/18/2
`022
`425
`23
`
`10/21/2
`022
`408
`28
`
`9/22/2
`022
`404
`30
`
`8/19/2
`022
`386
`29
`
`7/22/2
`022
`374
`18
`
`6/25/2
`022
`411
`21
`
`5/20/2
`022
`411
`21
`
`4/22/2
`022
`448
`32
`
`3/18/2
`022
`481
`29
`
`2/25/2
`022
`502
`29
`
`1/21/2
`022
`478
`33
`
`51
`69
`16
`63
`96
`49
`56
`2
`10
`
`69
`78
`16
`56
`80
`55
`46
`7
`8
`
`47
`54
`22
`79
`99
`46
`41
`5
`9
`
`64
`18
`23
`86
`110
`33
`37
`2
`7
`
`23
`56
`16
`79
`129
`42
`22
`1
`6
`
`27
`37
`10
`88
`115
`50
`23
`0
`7
`
`29
`14
`9
`84
`126
`43
`42
`2
`7
`
`46
`14
`9
`70
`153
`55
`31
`3
`9
`
`46
`14
`9
`70
`153
`55
`31
`3
`9
`
`35
`14
`9
`93
`163
`56
`33
`4
`9
`
`52
`34
`7
`78
`180
`50
`41
`2
`8
`
`60
`45
`7
`67
`194
`46
`43
`2
`9
`
`35
`42
`7
`75
`185
`54
`35
`3
`9
`
`9 PE 1875
`
`

`

`209
`214
`Defendants in Custody
`50
`52
`DA MTC
`19
`16
`Def MTC
`4
`4
`New Stipulated Last Day
`1
`1
`Gin
`0
`1
`PC 1382 Denied
`0
`0
`Peremptory Challenge
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`206
`39
`19
`7
`2
`2
`5
`
`200
`29
`19
`6
`7
`3
`6
`
`210
`29
`21
`8
`8
`2
`6
`
`200
`22
`12
`8
`9
`5
`9
`
`192
`29
`13
`9
`11
`11
`12
`
`215
`25
`13
`5
`11
`14
`8
`
`215
`25
`13
`5
`11
`14
`8
`
`225
`21
`13
`7
`11
`19
`8
`
`256
`23
`12
`7
`15
`23
`8
`
`272
`23
`12
`7
`16
`27
`11
`
`275
`24
`12
`8
`8
`26
`13
`
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`TABLE. SFSC Misd. Trials by Select
`Characteristics: Week Ending…
`Total Trials
` NTW - Last day through end of week
` NTW - Last day through 1 month (less current
`week)
` NTW - Last day greater than 1 month
`
`1/20/2
`023
`706
`62
`
`12/23/2
`022
`649
`56
`
`11/18/2
`022
`571
`69
`
`10/21/2
`022
`521
`77
`
`9/22/2
`022
`445
`67
`
`8/19/2
`022
`375
`64
`
`7/22/2
`022
`290
`53
`
`6/25/2
`022
`228
`10
`
`5/20/2
`022
`219
`17
`
`4/22/2
`022
`208
`21
`
`3/18/2
`022
`166
`21
`
`2/25/2
`022
`187
`14
`
`1/21/2
`022
`172
`23
`
`46
`4
`
`70
`5
`
`11
`6
`
`13
`2
`
`18
`2
`
`40
`0
`
`21
`0
`
`49
`0
`
`62
`0
`
`58
`0
`
`26
`0
`
`53
`0
`
`45
`0
`
`9 PE 1876
`
`

`

`1
`1
` GCF - Last day in Past (> 1 yr)
`117
`69
` GCF - Last day in Past (6-12 mo)
`266
`261
` GCF - Last day in Past (2-6 mo)
`74
`91
` GCF - Last day in Past (1-2 mo)
`126
`87
` GCF - Last day in Past (< 1 mo)
`1
`1
` GCF - Last day in Future
`9
`8
` GTW
`17
`18
`Defendants in Custody
`7
`6
`DA MTC
`2
`1
`Def MTC
`0
`0
`New Stipulated Last Day
`1
`1
`Gin
`0
`0
`PC 1382 Denied
`4
`4
`Peremptory Challenge
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`1
`58
`245
`90
`83
`1
`7
`26
`10
`1
`0
`2
`0
`3
`
`0
`40
`199
`97
`87
`0
`6
`30
`10
`1
`0
`1
`0
`1
`
`1
`22
`178
`67
`84
`0
`6
`21
`13
`1
`1
`2
`0
`3
`
`1
`11
`120
`74
`60
`0
`5
`26
`17
`0
`1
`2
`0
`3
`
`0
`5
`93
`56
`57
`0
`5
`22
`20
`0
`1
`3
`1
`3
`
`0
`3
`72
`38
`51
`0
`5
`15
`23
`0
`1
`4
`1
`4
`
`0
`2
`53
`33
`45
`2
`5
`27
`16
`0
`0
`4
`1
`3
`
`0
`1
`57
`25
`42
`0
`4
`27
`13
`1
`0
`4
`1
`2
`
`0
`3
`53
`30
`30
`0
`3
`21
`14
`0
`0
`5
`0
`4
`
`0
`1
`41
`43
`32
`0
`3
`30
`16
`0
`0
`5
`0
`5
`
`0
`0
`29
`29
`41
`1
`4
`42
`9
`0
`0
`6
`0
`5
`
`
`[…]
`
`
`If you have questions concerning any of the information contained within these tables and charts, please do not hesitate to ask.
`
`Sincerely,
`
`
`Michael A. Corriere
`Principal Management Analyst
`Business, Planning & Research
`Superior Court of California, County of San Francisco
`
`From: Michael Corriere
`Sent: Tuesday, February 21, 2023 4:03 PM
`To: Anne-Christine Massullo; Rochelle East ; Loretta Giorgi; Vedica Puri; Gail Dekreon; Linda Colfax; Christopher Hite; Bruce Chan; Brendan Conroy ; Mark
`Culkins; Cynthia Karadi; Gina Guidi; Stella J. Lee
`Cc: Sue Wong; Ken Garcia
`Subject: January 2023 Monthly Criminal Statistics: EXECUTIVE SUMMARY
`
`The enclosed statistics are current through January 31, 2023. Please see highlights below:
`
`9 PE 1877
`
`

`

`
`NOTE: In August, we discovered that the JUSTIS tables we rely upon to extract most of our criminal data have stopped updating and that data for
`most criminal performance measures are therefore unavailable. We are working to correct the problem but do not have a hard estimate on when
`new data will be available. In the meantime, I am providing this update on criminal trials, the trial lists, and case transfers, which I receive from
`separate sources. I will issue a follow-up report at such time that further data become available and apologize for any inconvenience.
`
`HIGHLIGHTS
`
`FELONIES
` Five felony trials concluded last month. These resulted in 2 Guilty Verdicts, 1 Guilty Plea, 1 Not Guilty Verdict, and 1 Hung Jury. The
`average length of felony trials concluding last month was 17.4 court days.
` Compared to previous calendar years, felony trials are:
`o up 1 from this same time in CY 2022,
`o up 5 from this same time in CY 2021, and
`o down 3 from this same time in CY 2020.
`
`MISDEMEANORS
` No misdemeanor jury trials concluded last month.
` Compared to previous calendar years, misdemeanor trials are:
`o down 2 from this same time in CY 2022,
`o unchanged from this same time in CY 2021, and
`o down 6 from this same time in CY 2020.
`
`TRIALS on the TRIAL LISTS
`The charts and tables below examine characteristics of cases on the felony and misdemeanor trial lists. The charts distribute trials by case
`type, custody status, and time waiver status. Time waiver status is organized from most urgent (NTW, last day by end of week) to least
`urgent (GTW). These data all pertain to the week ending Friday, February 24.
`
`Felony Trials
` The total number of trials on the felony trial list fell 9% to 388, the fewest since August. NTW trials were down 10% to 121, and GCF
`trials dropped 11% to 250.
` GTW trials jumped from 10 to 17, the most since we started counting them in September 2021.
` A case with a peremptory challenge appeared on the felony trial list for the first time since November.
`
`
`
`Misdemeanor Trials
` The total number of trials on the misdemeanor trial list jumped nearly 20% to 844, the most since we started tracking them in September
`2021. Misdemeanor trials have soared 592% since then.
` NTW misdemeanors leapt 47% to 165, while GCF trials climbed 15% to 671, the highest total since we started counting.
` GTW misdemeanors edged down one trial to 8.
` The number of misdemeanor defendants in custody jumped from 17 to 28, the most since October.
`
`
`9 PE 1878
`
`

`

`
`
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`TABLE. SFSC Felony Trials by Select
`Characteristics: Week Ending…
`Total Trials
` NTW - Last day through end of week
` NTW - Last day through 1 month (less current
`week)
` NTW - Last day greater than 1 month
` GCF - Last day in Past (> 1 yr)
` GCF - Last day in Past (6-12 mo)
` GCF - Last day in Past (2-6 mo)
` GCF - Last day in Past (1-2 mo)
` GCF - Last day in Past (< 1 mo)
` GCF - Last day in Future
` GTW
`Defendants in Custody
`DA MTC
`Def MTC
`
`2/24/2
`023
`388
`23
`
`1/20/2
`023
`426
`14
`
`12/23/2
`022
`429
`14
`
`11/18/2
`022
`425
`23
`
`10/21/2
`022
`408
`28
`
`9/22/2
`022
`404
`30
`
`8/19/2
`022
`386
`29
`
`7/22/2
`022
`374
`18
`
`6/25/2
`022
`411
`21
`
`5/20/2
`022
`411
`21
`
`4/22/2
`022
`448
`32
`
`3/18/2
`022
`481
`29
`
`2/25/2
`022
`502
`29
`
`45
`53
`13
`52
`102
`53
`29
`1
`17
`182
`50
`21
`
`51
`69
`16
`63
`96
`49
`56
`2
`10
`209
`50
`19
`
`69
`78
`16
`56
`80
`55
`46
`7
`8
`214
`52
`16
`
`47
`54
`22
`79
`99
`46
`41
`5
`9
`206
`39
`19
`
`64
`18
`23
`86
`110
`33
`37
`2
`7
`200
`29
`19
`
`23
`56
`16
`79
`129
`42
`22
`1
`6
`210
`29
`21
`
`27
`37
`10
`88
`115
`50
`23
`0
`7
`200
`22
`12
`
`29
`14
`9
`84
`126
`43
`42
`2
`7
`192
`29
`13
`
`46
`14
`9
`70
`153
`55
`31
`3
`9
`215
`25
`13
`
`46
`14
`9
`70
`153
`55
`31
`3
`9
`215
`25
`13
`
`35
`14
`9
`93
`163
`56
`33
`4
`9
`225
`21
`13
`
`52
`34
`7
`78
`180
`50
`41
`2
`8
`256
`23
`12
`
`9 PE 1879
`
`60
`45
`7
`67
`194
`46
`43
`2
`9
`272
`23
`12
`
`

`

`3
`4
`New Stipulated Last Day
`0
`1
`Gin
`0
`0
`PC 1382 Denied
`1
`0
`Peremptory Challenge
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`4
`1
`1
`0
`
`7
`2
`2
`5
`
`6
`7
`3
`6
`
`8
`8
`2
`6
`
`8
`9
`5
`9
`
`9
`11
`11
`12
`
`5
`11
`14
`8
`
`5
`11
`14
`8
`
`7
`11
`19
`8
`
`7
`15
`23
`8
`
`7
`16
`27
`11
`
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`TABLE. SFSC Misd. Trials by Select
`Characteristics: Week Ending…
`Total Trials
` NTW - Last day through end of week
` NTW - Last day through 1 month (less current
`week)
` NTW - Last day greater than 1 month
` GCF - Last day in Past (> 1 yr)
` GCF - Last day in Past (6-12 mo)
` GCF - Last day in Past (2-6 mo)
`
`2/24/2
`023
`844
`80
`
`1/20/2
`023
`706
`62
`
`12/23/2
`022
`649
`56
`
`11/18/2
`022
`571
`69
`
`10/21/2
`022
`521
`77
`
`9/22/2
`022
`445
`67
`
`8/19/2
`022
`375
`64
`
`7/22/2
`022
`290
`53
`
`6/25/2
`022
`228
`10
`
`5/20/2
`022
`219
`17
`
`4/22/2
`022
`208
`21
`
`3/18/2
`022
`166
`21
`
`2/25/2
`022
`187
`14
`
`80
`5
`1
`162
`294
`
`46
`4
`1
`117
`266
`
`70
`5
`1
`69
`261
`
`11
`6
`1
`58
`245
`
`13
`2
`0
`40
`199
`
`18
`2
`1
`22
`178
`
`40
`0
`1
`11
`120
`
`21
`0
`0
`5
`93
`
`49
`0
`0
`3
`72
`
`62
`0
`0
`2
`53
`
`58
`0
`0
`1
`57
`
`26
`0
`0
`3
`53
`
`53
`0
`0
`1
`41
`
`9 PE 1880
`
`

`

`67
`84
`0
`6
`21
`13
`1
`1
`2
`0
`3
`
`74
`60
`0
`5
`26
`17
`0
`1
`2
`0
`3
`
`56
`57
`0
`5
`22
`20
`0
`1
`3
`1
`3
`
`38
`51
`0
`5
`15
`23
`0
`1
`4
`1
`4
`
`33
`45
`2
`5
`27
`16
`0
`0
`4
`1
`3
`
`25
`42
`0
`4
`27
`13
`1
`0
`4
`1
`2
`
`30
`30
`0
`3
`21
`14
`0
`0
`5
`0
`4
`
`43
`32
`0
`3
`30
`16
`0
`0
`5
`0
`5
`
`91
`87
`1
`8
`18
`6
`1
`0
`1
`0
`4
`
`97
`87
`0
`6
`30
`10
`1
`0
`1
`0
`1
`
`90
`83
`1
`7
`26
`10
`1
`0
`2
`0
`3
`
`104
`74
` GCF - Last day in Past (1-2 mo)
`109
`126
` GCF - Last day in Past (< 1 mo)
`1
`1
` GCF - Last day in Future
`8
`9
` GTW
`28
`17
`Defendants in Custody
`6
`7
`DA MTC
`3
`2
`Def MTC
`0
`0
`New Stipulated Last Day
`1
`1
`Gin
`0
`0
`PC 1382 Denied
`5
`4
`Peremptory Challenge
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`[…]
`
`
`If you have questions concerning any of the information contained within these tables and charts, please do not hesitate to ask.
`
`Sincerely,
`
`
`Michael A. Corriere
`Principal Management Analyst
`Business, Planning & Research
`Superior Court of California, County of San Francisco
`
`From: Michael Corriere
`Sent: Friday, March 17, 2023 3:04 PM
`To: Anne-Christine Massullo; Rochelle East; Loretta Giorgi; Vedica Puri; Gail Dekreon; Linda Colfax; Christopher Hite; Bruce Chan; Brendan Conroy; Mark Culkins;
`Cynthia Karadi; Gina Guidi; Stella J. Lee
`Cc: Sue Wong; Ken Garcia
`Subject: February 2023 Monthly Criminal Statistics: EXECUTIVE SUMMARY
`
`The enclosed statistics are current through February 28, 2023. Please see highlights below:
`
`NOTE: In August, we discovered that the JUSTIS tables we rely upon to extract most of our criminal data have stopped updating and that data for
`most criminal performance measures are therefore unavailable. We are working to correct the problem but do not have a hard estimate on when
`new data will be available. In the meantime, I am providing this update on criminal trials, the trial lists, and case transfers, which I receive from
`separate sources. I will issue a follow-up report at such time that further data become available and apologize for any inconvenience.
`9 PE 1881
`
`

`

`
`HIGHLIGHTS
`
`FELONIES
` Four felony trials concluded last month. These resulted in 1 Guilty Verdict, 1 Not Guilty Verdict, 1 Mistrial, and 1 Hung Jury.
` The average length of felony trials concluding last month was 35.25 court days, the longest monthly average in 17 years of available
`records.
` CY 2023 YTD, the Court has conducted 9 felony trials. Compared to previous calendar years, felony trials are:
`o +28.6% from this same time in CY 2022 (7)
`o +800.0% from this same time in CY 2021 (1)
`o
`-25.0% from this same time in CY 2020 (12)
`
`MISDEMEANORS
` Two misdemeanor jury trials concluded last month, resulting in 1 Not Guilty Verdict and 1 Mistrial. The average length of misdemeanor
`trials concluding last month was 4.5 court days.
` CY 2023 YTD, the Court has conducted 2 misdemeanor trials. Compared to previous calendar years, misdemeanor trials are:
`o down 2 from this same time in CY 2022,
`o up 2 from this same time in CY 2021, and
`o down 9 from this same time in CY 2020.
`
`TRIALS on the TRIAL LISTS
`The charts and tables below examine characteristics of cases on the felony and misdemeanor trial lists. The charts distribute trials by case
`type, custody status, and time waiver status. Time waiver status is organized from most urgent (NTW, last day by end of week) to least
`urgent (GTW). These data all pertain to the week ending Friday, March 24.
`
`Felony Trials
` The total number of trials on the felony trial list rose 3.6% to 402 but remain down 10.2% from a year ago. NTW trials jumped 21% to
`146, while GCF trials declined 4.8% to 238.
` GTW trials edged up 1 to 18, the most since we started counting them in September 2021.
`
`Misdemeanor Trials
` The total number of trials on the misdemeanor trial list jumped nearly 16% to 976, the most since we started tracking them in September
`2021. Misdemeanor trials have soared 700% since then.
` NTW misdemeanors leapt 21% to 199, while GCF trials climbed 15% to 769, the highest total since we started counting.
` The number of misdemeanor defendants in custody rose from 28 to 33, the most in more than a year.
`
`
`9 PE 1882
`
`
`
`
`
`

`

`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`TABLE. SFSC Felony Trials by Select
`Characteristics: Week Ending…
`Total Trials
` NTW - Last day through end of week
` NTW - Last day through 1 month (less current
`week)
` NTW - Last day greater than 1 month
` GCF - Last day in Past (> 1 yr)
` GCF - Last day in Past (6-12 mo)
` GCF - Last day in Past (2-6 mo)
` GCF - Last day in Past (1-2 mo)
` GCF - Last day in Past (< 1 mo)
` GCF - Last day in Future
` GTW
`Defendants in Custody
`DA MTC
`Def MTC
`New Stipulated Last Day
`
`3/24/2
`023
`402
`18
`
`2/24/2
`023
`388
`23
`
`1/20/2
`023
`426
`14
`
`12/23/2
`022
`429
`14
`
`11/18/2
`022
`425
`23
`
`10/21/2
`022
`408
`28
`
`9/22/2
`022
`404
`30
`
`8/19/2
`022
`386
`29
`
`7/22/2
`022
`374
`18
`
`6/25/2
`022
`411
`21
`
`5/20/2
`022
`411
`21
`
`4/22/2
`022
`448
`32
`
`3/18/2
`022
`481
`29
`
`66
`62
`13
`47
`114
`28
`34
`2
`18
`189
`50
`20
`5
`
`45
`53
`13
`52
`102
`53
`29
`1
`17
`182
`50
`21
`3
`
`51
`69
`16
`63
`96
`49
`56
`2
`10
`209
`50
`19
`4
`
`69
`78
`16
`56
`80
`55
`46
`7
`8
`214
`52
`16
`4
`
`47
`54
`22
`79
`99
`46
`41
`5
`9
`206
`39
`19
`7
`
`64
`18
`23
`86
`110
`33
`37
`2
`7
`200
`29
`19
`6
`
`23
`56
`16
`79
`129
`42
`22
`1
`6
`210
`29
`21
`8
`
`27
`37
`10
`88
`115
`50
`23
`0
`7
`200
`22
`12
`8
`
`29
`14
`9
`84
`126
`43
`42
`2
`7
`192
`29
`13
`9
`
`46
`14
`9
`70
`153
`55
`31
`3
`9
`215
`25
`13
`5
`
`46
`14
`9
`70
`153
`55
`31
`3
`9
`215
`25
`13
`5
`
`35
`14
`9
`93
`163
`56
`33
`4
`9
`225
`21
`13
`7
`
`9 PE 1883
`
`52
`34
`7
`78
`180
`50
`41
`2
`8
`256
`23
`12
`7
`
`

`

`0
`0
`Gin
`0
`0
`PC 1382 Denied
`1
`1
`Peremptory Challenge
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`1
`0
`0
`
`1
`1
`0
`
`2
`2
`5
`
`7
`3
`6
`
`8
`2
`6
`
`9
`5
`9
`
`11
`11
`12
`
`11
`14
`8
`
`11
`14
`8
`
`11
`19
`8
`
`15
`23
`8
`
`Notes: NTW = No time waiver, GCF = Good cause found to extend time, GTW = General time waiver
`Source: CMS, Clerks
`
`
`
`
`TABLE. SFSC Misd. Trials by Select
`Characteristics: Week Ending…
`Total Trials
` NTW - Last day through end of week
` NTW - Last day through 1 month (less current
`week)
` NTW - Last day greater than 1 month
` GCF - Last day in Past (> 1 yr)
` GCF - Last day in Past (6-12 mo)
` GCF - Last day in Past (2-6 mo)
` GCF - La