Alvarez
Alvarez v. Superior Court
Opinion
Opinion
Hastings, J.
INTRODUCTION
This writ proceeding raises an issue of Pitchess discovery in a prosecution for resisting arrest. The defense was provided with the name of a deputy sheriff who had filed a complaint of “workplace violence” against one of the sheriffs who had arrested petitioner. When contacted by the defense investigator, the complaining deputy refused to discuss the incident that had formed the basis of his complaint. The defense then sought discovery of the complainant’s statements about the incident. The trial court- denied the motion. This petition followed. We grant relief.
FACTUAL AND PROCEDURAL BACKGROUND
Based upon a November 14, 2002 altercation in county jail with Los Angeles County Deputy Sheriff Michael Do, petitioner Marcos Alvarez was charged with one count of resisting an executive officer (Pen. Code, § 69).
Petitioner filed a Pitchess motion seeking complaints filed against Do as well as three other deputy sheriffs, including Daniel Etter, Who were participants in and witnesses to the altercation.
On March 3, 2003, the trial court granted the motion to the extent it sought to discover complaints of excessive force. Following an in camera review of the…