Hertz

The People appeal from superior court dismissals under Penal Code section 995 of nine counts of assault with a deadly weapon upon police officers (Pen. Code, § 245, subd. (b)) against respondents Barbara Hertz, Edgar G. Hernandez, Gustavo A. Bracho, William Greenberg, Antonio Marko, and William Parker.

Statement of the Case

The respondents filed motions for discovery in the municipal court prior to the preliminary hearing, to which the prosecution responded. The magistrate conducted hearings on the motions, and on the Los Angeles Police Department (LAPD) claim of privilege for certain “official information” pursuant to Evidence Code sections 915, subdivisions (a) and (b) and 1040, subdivision (b).

At the close of the month-long preliminary hearing, the magistrate bound the respondents over on the crimes as charged with the exception of one count against Hernandez. The People refiled the dismissed count against Hernandez in the superior court, which count was subsequently dismissed by the superior court.

At the hearing on the Penal Code section 995 motions, the parties agreed that the superior court could consider the discovery proceedings conducted by the magistrate,…