I live in Los Angeles County in California. I am an owner of a restaurant. Last weekend we had a pipe break in the restaurant that caused water and minor grease into the street.
We had a licensed company come clean up the mess within hours and everything was ok.
Someone called the Sheriff's, public works, sanitation and code enforcement told them he saw us throwing bags of toxic waste into the street. All the representatives that came out that day saw no foul play and saw the pipe was clearly the cause of the leak and not us throwing bags of grease. The city representative said that she has video evidence of us throwing bags of grease into the streets. And that we were going to receive a citation. She said she has a witness and pictures. I asked her to see the pictures and the name of the person who is claiming this false story.
I told her I have 16 security cameras at my restaurant and I can prove that was a lie. I sent her the footage to prove it was a lie but she is still issuing a citation.
She is saying she has witnesses who saw it. I told her I need to defend myself and I need to know the name of the people who are saying this because it is slander and untrue. I have camera evidence to prove they are lying. She is saying she has video evidence and statements that prove otherwise but will not provide them to me.
How can she issue a citation on a person saying so when I have footage proving this is 100% not true. I have requested her evidence many times and she failed to provide to me and refuses to provide it to me.
How can she say she has it when I know for a fact she doesn't. And how can she find us guilty without us being to defend ourselves. Is there a California law that she must provide her evidence if she is issuing a citation?
I feel this is a disgruntled person who I have had issues with in the past. Can she not disclose who made these allegations and still issue me a citation?
I looked up California Penal Code 1054.1 which states:
The prosecuting attorney shall disclose to the defendant or his or her attorney all of the following materials and information, if it is in the possession
of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies:
(a) The names and addresses of persons the prosecutor intends to call as witnesses at trial.
(b) Statements of all defendants.
(c) All relevant real evidence seized or obtained as a part of the investigation of the offenses charged.
(d) The existence of a felony conviction of any material witness whose credibility is likely to be critical to the outcome of the trial.
(e) Any exculpatory evidence.
(f) Relevant written or recorded statements of witnesses or reports of the statements of witnesses whom the prosecutor intends to call at the trial, including any reports or statements of experts made in conjunction with the case, including the results of physical or mental examinations, scientific tests, experiments, or comparisons which the prosecutor intends to offer in evidence at the trial.
Does this law apply to a city officer issuing a citation? Are there any applicable laws that they must disclose who is making these false allegations? How can she say I have evidence yet provide none?