BECERRADA

BECERRADA v. Superior Court

Good Law
131 Cal. App. 4th 409·2005 Cal. App. LEXIS 1163·2005 Daily Journal DAR 8901·31 Cal. Rptr. 3d 735·2005 Cal. Daily Op. Serv. 6502
Court of Appeal of CaliforniaJuly 25, 2005B179266California1,805 words

Opinion

Opinion

Zelon, J.

Ruben Becerrada seeks a writ of mandate to prevent the real party in interest, the Los Angeles County Sheriff’s Department (Department), from providing to witnesses information ordered disclosed to petitioner by the court on a Pitchess motion. The deputies, who were the subjects of the motions, seek to obtain from the Department all of the information released to petitioner so that they may prepare for trial. Petitioner asserts that releasing that information would violate the prohibition, established in Alford v. Superior Court (2003) 29 Cal.4th 1033 [ 130 Cal.Rptr.2d 672 , 63 P.3d 228 ] (Alford), against releasing such information to the prosecution absent a separate Pitchess motion. Finding that a limited release to an individual officer of information contained in his own file would not disturb the balance between the right to a fair trial and the officer’s right to privacy, we deny the writ.

FACTUAL AND PROCEDURAL SUMMARY

Petitioner, charged with murder with special circumstances, sought pretrial discovery relating to 27 Los Angeles County Sheriff’s deputies through a Pitchess motion. (Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d…

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