Jan 26, 2017
Pitchess motion scheduled this morning for Clayton Lasinski case; wonder which officer's excessive record they seeking
The case was scheduled, today, January 26, in Courtroom 4 for a Pitchess Motion by defense.
However, that turned out to be an error. Conflict Counsel's Mr. Greg Elvine-Kreis had filed a motion to compel discovery, which he told Judge Arvid Johnson in court. All the media that showed up also learned in court of the error.
Deputy District Attorney Luke Bernthal is prosecuting the case for the People.
Motion granted after Mr. Bernthal told Judge Johnson he had followed up twice and had not received records from law enforcement yet.
DDA Luke Bernthal told Judge Arvid Johnson, " Mr. Elvine-Kreis is asking for what he is entitled to; there is a voluminous amount of evidence in this case and I expect
that is what is slowing this down."
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information provided will include prior incidents of use of force, allegations of excessive force, citizen complaints, and information gathered during the officer's pre-employment background investigation. The motion's name comes from the case Pitchess v. Superior Court.