People v. Johnson CA5

facts pursuant to the RJA. We reject Johnson’s contentions and affirm.

PROCEDURAL BACKGROUND

On January 30, 2018, Johnson filed a motion for discovery pursuant to Evidence Code section 1043 and Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), seeking discovery and disclosure of the personnel records of four correctional officers: Eric Smith, Shauna Early, Todd Callen, and Benjamin Lomely. On February 16, 2018, the California Department of Corrections and Rehabilitation filed an opposition to Johnson’s motion for discovery. On March 1, 2018, the trial court held a hearing on Johnson’s motion for discovery. The court held Johnson established a plausible factual scenario and ordered an

1 We will refer to the California Racial Justice Act as the Racial Justice Act or

RJA.

2 Undesignated statutory references are to the Penal Code.

2. in camera review of the confidential personnel records of Smith and Early for veracity only. It further ordered an in camera review of the confidential personnel records of Callen and Lomely for veracity and excessive use of force. On March 14, 2019, Johnson filed a second Pitchess motion seeking discovery and disclosure of the personnel…