People v. Municipal Court (Hayden)

[184]

Opinion

CHRISTIAN, J.

In separate cases in the municipal court Hayden and his associates and Zerbib were charged with resisting arrest (Pen. Code, § 148). In both cases evidence was sought by the defense in support of a theory that police misconduct had in some way justified resistance. (See Evid. Code, § 1103, providing for admissibility of character trait evidence in such situations.)

Hayden demanded discovery of any complaints (and their dispositions) against specified officers for “assaultive behavior, excessive force, false arrest, and racial, ethnic or sexual minority slurs.”

Zerbib demanded production of police department personnel records of specified officers, reflecting any instances of “their use of force or violence.. .on or against any person then in [their] custody,” any complaints against the officers for use of force or violence, and any record of disciplinary action against the officers “because of their treatment of persons within their custody....”

Both demands were supported only by affidavits of defense counsel, made on information and belief.

The municipal court ordered discovery in both cases, and the People sought review by writ proceedings. The superior court denied relief, and the present appeals followed.

The municipal court acted on the authority of

Pitchess

v.

Superior Court

(1974) 11 Cal.3d 531 [113 Cal.Rptr. 897, 522 P.2d 305], where the Supreme Court held that because criminal discovery was not regulated by statute, “[t]he requisite showing may be satisfied by general allegations which establish some cause for discovery other than ‘a mere desire for the benefit of all information which has been obtained by the People in their investigation of the crime.’” (11 Cal.3d at p. 537.) Applying

Pitchess

in the specific context of a demand for discovery of police personnel records to show a claimed propensity of specified police officers to use excessive force, this court has held that in the absence of a claim of official privilege under Evidence Code section 1040, discovery may be compelled by a showing on information and belief if “the official records desired to be examined were identified with reasonable particularity and the pertinence to the defense of the requested information was demonstrated.”