People v. Scott CA4/2

DISCUSSION

A. Pitchess Proceedings.

Defendant requests we conduct an independent review of the materials examined

by the trial court pursuant to defendant’s Pitchess motion to determine whether the court

abused its discretion in determining there were no disclosable documents. The People

agree we should conduct such a review. After having reviewed the sealed Pitchess

proceedings below, we hold the court acted within its discretion in finding no disclosable

materials.

Defendant filed a motion below seeking disclosure of any materials regarding the

investigating officer’s record for coercing, intimidating, manipulating witnesses, or

4Defendant admitted shooting at the group both during a police interview, a recording of which was played to the jury during trial, and in his testimony at trial.

3 changing their stories after their initial reports. The Rialto Police Department opposed

the motion. Defendant replied. At an initial hearing, the court continued the matter to

allow defendant to submit supplemental filings demonstrating a specific, plausible,

alternate factual scenario based on the allegations.

Defendant file an ex parte motion for sealing a supplemental…