SAN DIEGO CITY ATTORNEY MIKE AGUIRRE, AND DEPUTY CITY ATTORNEY DAVID STOTLAND REVERSED - AGAIN - IN POLICE MISCONDUCT CASE
PITCHESS DISCOVERY WIN
The trial court denied this Pitchess (11 C3d 531) motion in a misdemeanor case. The City Attorney argues that the facts are essentially agreed upon, and that the defense justification for
discovery is really just about differences in perceptions.
The Fourth District, Division One, Court of Appeal disagrees, saying the allegations in the defense affidavit that the police beat up the defendant and that the defendant never did a lot of the stuff the police claimed weren't just a difference in perception.
Matt Braner, San Diego PD, was successful appellate counsel. City Attorney Mike Aguirre and his incompetent hatchetman, David Stotland, lost - again. Perhaps they should think about protecting the public from the bad cops?
Uybungco v. Superior Court; 2008 DJ DAR 8444; DJ, 6/11/08; C/A 4th
