People v. Freeman CA3

FACTS AND PROCEEDINGS

This is defendant’s second appeal in this case. We granted the People’s motion to incorporate defendant’s first appeal, case No. C070176, by reference. In August 2009, Sacramento City Police Officer Steven Fontana and Sacramento County Deputy Sheriff Jason Abbott were conducting fare inspections for the Regional Transit light rail when they spoke to defendant James Earl Freeman as he left a train. During a lawful search of defendant, he was found to have a baggie containing cocaine base in his pants pocket. Defendant was charged with possession of cocaine base plus allegations that he had a prior strike conviction and had served four prior prison terms.

1 Before trial, defendant filed Pitchess motions (Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess), setting forth the procedure for a defendant to obtain disclosure of private information contained in the files of a law enforcement officer) asking for discoverable material in the personnel files of Officer Fontana and Deputy Abbott. The trial court found the motions established good cause for review of the officers’ files for material relating to racial bias and profiling. The court conducted a…