People v. Remijio CA5

FACTS

On October 27, 2012, Correctional Officer Rick Stinson was performing random cell searches at Kern Valley State Prison. He found two inmate-manufactured sharpened metal rods inside the air vent above the toilet in defendant’s cell. After being read his rights, defendant admitted the weapons were his and denied his cellmate knew anything about them.

DISCUSSION

Before his plea, defendant made a Pitchess motion requesting disclosure of Officer Stinson’s personnel records relevant to dishonesty, falsification of records, false testimony, and fabrication. The trial court conducted an in camera hearing and ordered one disclosure. “A criminal defendant has a limited right to discovery of a peace officer’s personnel records. [Citation.] Peace officer personnel records are confidential and can only be discovered pursuant to Evidence Code sections 1043 and 1045.” (Giovanni B. v. Superior Court (2007) 152 Cal.App.4th 312, 318.) “[O]n a showing of good cause, a criminal defendant is entitled to discovery of relevant documents or information in the confidential personnel records of a peace officer accused of misconduct against the

All statutory references are to the Penal…