Is a criminal defendant entitled to discovery of relevant documents or information in the confidential records of a peace officer?

A criminal defendant is entitled to discovery of relevant documents or information in the confidential records of the peace officers, provided it does not concern officer conduct occurring more than five years before the incident, the results of internal police investigations, or facts with no practical benefit to the defense. (People v. Gaines (2009) 46 Cal.4th 172, 179, 182; see also Evid. Code, 1045, subd. (b).) We review the trial court's determination on the discoverability of material in peace officer personnel files for an abuse of discretion. (People v. Mooc (2001) 26 Cal.4th 1216, 1228.)

Defendant has requested that this court conduct an independent examination of the in camera Pitchess proceedings to determine whether any responsive documents were wrongly withheld. Such a review is authorized under People v. Mooc, supra, 26 Cal.4th at page 1226. We have reviewed the record of the trial court proceedings, including a sealed reporter's transcript of the trial court's in camera review of the records for all three officers. Based upon our review of the record, we conclude the trial court's order concerning the disclosure of Pitchess materials was correct, because no discoverable documents existed.

Page 17

The judgment is affirmed.