People v. Becher CA4/3

STATEMENT OF FACTS

I.

THE UNDERLYING INCIDENT

We incorporate by reference our statement of facts from our unpublished opinion in the prior appeal. (Becher, supra, G060372.) In short, defendant murdered the victim with whom he had a relationship. (Ibid.)

II.

THE FIRST PITCHESS HEARING

“Before trial, defendant moved to discover the personnel records of Detective Steve Wickser. (Pitchess, supra, 11 Cal.3d 531.) Defendant sought records from the police department personnel files concerning, among other things, “lack of credibility,” “falsifying police reports,” “prior acts involving moral turpitude,” and information pursuant to Brady v. Maryland (1963) 373 U.S. 83. The court found good cause to review Wickser’s files (People v. Samuels (2005) 36 Cal.4th 96, 109) and conducted an in-camera review ([Evid. Code,] § 1045, subd. (b)) but found no discoverable items (see People v. Mooc (2001) 26 Cal.4th 1216, 1226-1232 (Mooc)).” (Becher, supra,

G060372.)

3 In a prior appeal, we reviewed the sealed transcript of the in- camera hearing. (Becher, supra, G060372.) “The court placed the custodian of records for the Huntington Beach Police Department under oath in the presence of counsel…