DELL M. v. Superior Court

This is a proceeding in mandamus to compel dismissal of a charge of interfering with an officer in the performance of his duties (Pen. Code, § 148) now pending in a juvenile court proceeding. (Welf. & Inst. Code, § 602.)

The charge, as originally framed, alleged that petitioner “did willfully and unlawfully resist, delay and obstruct a public officer of the County of Los Angeles and Downey Police Department, to wit, Deputy Calvert[,] Officer T. Donahoe in the discharge and the attempt to discharge a duty of his office. .. .”

Petitioner moved to discover departmental records which he hoped would show that Calvert and Donahoe had a propensity to use excessive force, asserting that any force which petitioner may have used was used in self-defense. Respondent court found that petitioner had made a sufficient showing of need to entitle him to discovery. Respondent then conducted an in camera review of the documents which had been brought to court by the custodians of the records pursuant to a subpoena duces tecum. Respondent found that evidence relating to a 1973 incident involving Calvert and a 1969 incident involving Donahoe was relevant and material to preparation of…