Carruthers v. Municipal Court

Opinion

KINGSLEY, Acting P. J.

Petitioners were arrested for, and charged in respondent municipal court with, battery on police officers, in violation of sections 242 and 243 of the Penal Code. They promptly moved for pretrial discovery of the records of the police officers involved. The prosecutor readily agreed to an order calling, together with other material not herein involved, for discovery of the names and addresses of persons who had complained of misconduct by those officers. However, the municipal court denied the motion as to items 12 through 15, which read as follows: “(12) All statements, written or oral, made by persons interviewed during investigation as are described in item #10,

supra.

“(13) All statements, written or oral made by persons who have brought complaints described in item #10,

supra.

“(14) All tape recordings and/or transcriptions thereof, and notes and memoranda by investigating Long Beach Police Department personnel made pursuant to investigation described in item #10,

supra.

[442]

“(15) All findings, reports, opinions and transcripts of disciplinary acts of proceedings commenced or taken against officers Robert L. Parker; T. L. Morgan; D. Rasmussen; D. P. Reynolds; S. Zabel; and D. Kulusich of the Long Beach Police Department relating to said officers unnecessary acts of aggressive behaivor [sic], acts of violence and/or attempted violence, acts of excessive force and/or ethnic prejudice.” Petitioners then sought a writ of mandate in the superior court to compel the granting of their motion as to those items. The superior court granted the writ and the People have appealed.

I

The order of the municipal court was entirely correct under the decision in

Kelvin L.

v.

Superior Court

(1976) 62 Cal.App.3d 823 [133 Cal.Rptr. 325], which recognized a right to the information granted but denied it as to such matters as were here sought by items 12 through 15. In its holding, that court also recognized the right of a defendant, in a case such as this, to seek additional discovery if the information thus received proves “inadequate.”