It may, if the defendant is indigent and the case falls within Penal Code section 987.9: a capital case or the specific category in section 190.05(a). Through counsel, the defendant can ask for funds for an investigator, expert, or other defense-preparation resource shown to be reasonably necessary. The request is confidential and decided by a judge other than the trial judge at a private, in-camera hearing. Funding is not automatic, and section 987.9 does not cover every murder or serious felony. (Penal Code § 987.9; Penal Code § 190.05(a))
Confirm the case and eligibility first
The statute applies to an indigent defendant in a capital trial or a case described in section 190.05(a). That section concerns a person guilty of second-degree murder who served a qualifying prior prison term for first- or second-degree murder. A noncapital homicide case does not qualify merely because the charge is serious. Counsel must confirm the charge and posture fit the statute before preparing the request. (Penal Code § 987.9(a); § 190.05(a))
Counsel requests resources in a confidential process
The application is made through defense counsel and supported by an affidavit explaining why the requested resource is reasonably necessary to prepare or present the defense. The request can identify investigators, experts, or other assistance and the anticipated cost. It should connect the work to a concrete preparation need without exposing defense strategy in public filings.
The existence and contents of the application are confidential. A judge other than the trial judge reviews it in camera and decides what funds, if any, are appropriate. Counsel should preserve the request, ruling, authorized amount, and accounting. The statute requires an accounting when the proceedings end; an award is not an unlimited fund or a guaranteed amount. (Penal Code § 987.9(a)–(b))
Confidentiality is not absolute. If the defendant later raises an issue on appeal that relates to the funding record, or does so in collateral review after an order to show cause, section 987.9(d) gives the prosecution access to relevant sealed records on request, limited to that proceeding. That provision does not make the full application a public filing, but it means the records may become relevant in a later dispute. (Penal Code § 987.9(d))
The Law Offices of David S. Chesley represents people facing California homicide charges. Call (800) 755-5174 to discuss case preparation and whether this statutory request applies.