Abatti

In this criminal action, defendant David Randy Abatti petitions for a writ of mandate/prohibition directing respondent Superior Court of Imperial County (the court) to vacate its April 18, 2003 order denying his hybrid Brady/Pitchess motion for review of a former police officer’s records without conducting an in camera inspection, to restrain from proceeding with his case, and to enter an order directing the court to conduct an in camera review of the officer’s personnel records to determine whether they contain any exculpatory information or material that may be used to impeach the former officer who is listed as a prosecution witness in this case.

Abatti specifically contends the court abused its discretion in refusing to review the “counseling memos” contained in the personnel records of the former police officer or, to at least make a record of the documents it considered in refusing his Brady/Pitchess motion. He also contends the five-year limitation on disclosure of information in such files (Evid. Code, § 1045, subd. (b)(1)) is not an absolute bar to disclosure of Brady information in those files, and that his counsel’s declaration on “information and belief’ was…