Case # S213003
Superior Court Case # C-47710
November 3, 2014
WHO: Orange County District Attorney (OCDA) Tony Rackauckas
WHAT: Deputy District Attorney Brian Fitzpatrick will appear before the California Supreme Court (Supreme Court) for review of the Court of Appeal’s decision to vacate the OCDA’s order for Charles Thomas Hudec’s testimony.
WHEN: Today, Nov. 3, 2014
TIME: 1:30 p.m.
Background of the case
In May 1981, Hudec killed his father. The parties stipulated Hudec was not guilty by reason of insanity and committed him to Patton Hospital.
In March 2012, the OCDA filed a petition to extend Hudec’s commitment to Patton Hospital and ordered Hudec be compelled to testify on the case involving the petition which alleged that Hudec continued to represent a substantial danger of physical harm to others by reason of mental disease, defect, or disorder.
The Court of Appeal vacated the OCDA’s order holding that a person who has been committed to a state hospital following a determination that he is not guilty by reason of insanity has a right not to testify at a trial on a petition to extend that commitment.
The OCDA petitioned the Supreme Court for review of the Court of Appeal’s decision and the Supreme Court granted review.