People v. Willis CA3

DISCUSSION

Prior to entry of his plea, defendant filed a Pitchess motion seeking discovery of the law enforcement personnel records of Officers MacAulay and Shippen relating to illegal arrests, forced confessions, acts of unnecessary or excessive force, falsification of evidence or testimony, discrimination on the basis of race, national origin, religion,

3 gender, or sexual orientation, unlawful searches and seizures, and “other alleged acts involving moral turpitude,” as well as any and all Brady3 material. The trial court conducted an in camera examination of the records related to “[i]llegal arrests, falsification of evidence or testimony, discrimination . . . on the basis of race, and unlawful search and seizure.” Following that examination, the court informed defendant as follows: “The Court has reviewed summaries and/or documents that potentially could be responsive to the defense motion, did not find any such complaints or evidence that would fall within the scope as we have described.” Defendant asks this court to conduct an independent review of the sealed records of the trial court’s hearing on his Pitchess motion. (People v. Mooc (2001) 26 Cal.4th 1216, 1228-1229;…