PEOPLE v. ALBERT LEWIS
Filed 8/24/06
IN THE SUPREME COURT OF CALIFORNIA
THE PEOPLE, )
)
Plaintiff and Respondent, )
) S033436
v. )
ALBERT LEWIS and )
ANTHONY CEDRIC OLIVER, )
) Los Angeles County
Defendants and Appellants. ) Super. Ct. No. BA001542
_______________________________________ )
Continue from Part I …….
In Lewis's first Pitchess motion, filed on April 18, 1991, he attached what appears to be a photograph of himself when he was booked for the murders. (He claims it shows he was beaten -- a circumstance we do not discern from copies of the photograph in the record.) Also attached to Lewis's motion were photocopies of newspaper articles reporting allegations or episodes of police misconduct in unrelated cases. The trial court held a hearing on the motion on May 31, 1991. The court denied the motion because Lewis failed to include a police report, as statutorily required. (See Evid. Code, § 1046.)
On June 4, 1991, Lewis filed a second Pitchess motion. This time he included the required police report among the attachments, and excluded the booking photograph. The hearing on the second motion occurred on July 19, 1991. The trial court indicated that it had carefully reviewed the moving papers. Ultimately, it found no prima facie evidence of a police conspiracy, and no basis for an in camera review of the requested personnel records. The court viewed the discovery request as a â€