Should the killer of Polly Klaas make money from her death? California Attorney General Daniel Lungren filed this suit against Richard Allen Davis under the state's Son of Sam law. Lungren seeks $4,000 that Davis was to be paid by "Hard Copy," a syndicated television news program. "Hard Copy" officials said the fee was for use of still photos of the killer, not a fee for granting an interview recently taped with the killer in the Santa Clara Main Jail. Funds recovered by the suit would be placed in trust for the family of Polly Klaas.

DANIEL E. LUNGREN,
Attorney General
of the State of California
JAMES R. SCHWARTZ, Bar No. 51527
PETER K. SHACK, Bar No. 55338
KELVIN C. GONG, Bar No. 83516
Deputy Attorneys General
50 Fremont Street, Room 300
San Francisco, California 94105
Telephone: (415) 356-6266
1300 I Street
P.O. Box 944255
Sacramento, California 94244-2550
Telephone: (916) 323-1990
Attorneys for Plaintiff
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY
OF SACRAMENTO

NO.

COMPLAINT FOR IMPOSITION OF
AN INVOLUNTARY TRUST
(Civil Code Section 2225)

DANIEL E. LUNGREN, ATTORNEY
GENERAL OF THE STATE OF CALIFORNIA,

Plaintiff

v.

RICHARD ALLEN DAVIS, DOES 1-50,
inclusive,

Defendants.


DANIEL E. LUNGREN, Attorney General of the State of California,
files this complaint as Attorney general and alleges as follows:


1. Plaintiff is the duly constituted Attorney General of the State of
California and is authorized by law to bring civil actions pursuant to
California Civil Code section 2225 to require "proceeds" and/or
"profits" received by a convicted felon (as defined by Civil Code
section 2225(a) (9) and (10) to be held in an express involuntary trust
in a bank authorized to act as a trustee. Plaintiff currently has an office
within the County of Sacramento, California.

2. Defendant Richard Allen Davis ("Davis") has been convicted of the
crime of murder, a felony, by a jury trial.


3. DOES 1-50 are the fictitious names of individuals, corporations,
partnerships, or other legal entities who are agents, servants,
employees, or "representatives" of Davis within the meaning of Civil
Code section 2225(a) (3) and who have acted in concert with Davis or
who will receive "proceeds" or "profits" (as defined in Civil Code
sections 2225(a) (9) and (10) by designation of Davis, or on behalf of
Davis, or in the stead of Davis whether by Davis' designation or by
operation of law. Because plaintiff presently is uninformed as to the
true names and capacities of these defendants, plaintiff sues them
herein by fictitious names but will seek leave to amend the complaint
when their true names are discovered.


4. Plaintiff is informed and believes and thereon alleges that the victim
Polly Klaas is survived by family members who are persons described
in Code of Civil Procedures sections 377.690 and 377.10 and also
Probate Code section 6401(a) and are, therefore, "beneficiaries" as
defined in civil Code section 2225(a) (4).


5. Plaintiff is informed and believes and thereon alleges that defendant
Davis and Does 1-50 have solicited, arranged payment for, or
received, or will in the future receive, income and profits (as defined
in Civil Code section 2225(a) (10) from the sale or rights, the value of
which is enhanced by notoriety gained from the commission of the
felony for which Davis was convicted.


6. Plaintiff is further informed and believes and thereupon alleges that
defendants Davis and Does 1-50 have solicited, arranged payment for,
or received, or will in the future receive, proceeds (as defined in Civil
Code section 2225(a) (9) from the sale of rights to, or materials that
include, the story of the felony for which Davis was convicted.


7. Defendants Davis and Does 1-50 hold all such income as
involuntary trustees for the benefit of the family members of the
victim, Polly Klaas, who are beneficiaries within the meaning of Civil
Code section 2225(a) (4).


8. Plaintiff is informed and believes and thereon alleges that the
"proceeds" and "profits" described above may be subject to waste.


WHEREFORE, plaintiff prays for judgment against defendants as
follows:


(1) For an order declaring that defendants, and each of them, hold all
that income receive to date, and all that income to be received in the
future, and all these "profits" and "proceeds" as defined in Civil Code
section 2225(a) (9) and (10), in trust for the benefit of the victim's
beneficiaries.


(2) For an order declaring that all such trust funds and assets be placed
and deposited in a bank and held in trust by the bank, as trustee, until
an order of disposition is made by this Court.


(3) For a preliminary injunction enjoining defendants and each of them
from expending, disbursing, transferring or otherwise utilizing such
income,k funds or assets without the express authorization of this
Court.


(4) For such other and further relief as may be just and proper.

Dated: 8/19/96

DANIEL E. LUNGREN
Attorney General

JAMES R. SCHWARTZ
Deputy Attorney General

Attorneys for Plaintiff