California Court of Appeals, First District, Fourth Division
[REVIEW GRANTED BY CAL. SUPREME COURT]
[CERTIFIED FOR PARTIAL PUBLICATION[*]]
Alameda County No. 168323 Superior Court Honorable Thomas Reardon
[Copyrighted Material Omitted]
[Copyrighted Material Omitted]
Robert Bryzman, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Jeffrey M. Laurence and Arthur Beever, Deputy Attorneys General, for Plaintiff and Respondent.
Cameron Rose hit an Oakland police officer with a folding chair during a confrontation between officers and participants in a “teepee vigil” on Frank Ogawa Plaza (the plaza), and he was arrested about a month later. He was charged with two felony counts arising out of the folding-chair incident: resisting an executive officer and assault with a deadly weapon on a peace officer. He was also charged with one misdemeanor count arising out of his subsequent arrest: resisting, obstructing, or delaying a peace officer. On the charges arising out of the folding-chair incident, a jury convicted Rose of resisting an executive officer and acquitted him of felony assault, instead convicting him of the lesser included offense of misdemeanor assault on a peace officer under section 241, subdivision (c). On the charge arising out of Rose’s subsequent arrest, the jury was unable to return a verdict, and a mistrial was declared.
On appeal, Rose argues that the trial court improperly (1) denied his Pitchessmotion for discovery of the personnel files of several police officers; (2) denied his motion to compel the prosecution to run rap sheets of the officers who testified against him; and (3) imposed a probation condition prohibiting him from entering the plaza and a small area around it. We reject Rose’s claims, except we conditionally reverse the judgment and remand for limited further Pitchess proceedings involving one officer.
I. Factual and Procedural History
In late November 2011, the City of Oakland issued a permit authorizing a teepee vigil on the plaza. The vigil was closely associated with Occupy Oakland, a protest movement. The permit authorized placing a teepee on the plaza, but it also prohibited a variety of activities, such as serving food and storing items. The permit was renewed a number of times over the next month, and it was in effect on December 30, 2011.
While in the plaza around 11:30 a.m. on December 30, Captain Jeffrey Israel noticed that various items, including bedding, clothing, coolers, and chairs, were blocking the walkways. He spoke to Naomi Reagan, a person associated with the vigil. Acting on directions from the chief of police, Captain Israel informed Reagan that all items not allowed by the permit had to be removed by 2:00 p.m. that day. Reagan asked for more time to comply, but Captain Israel insisted that the items had to be gone by 2:00 p.m. After overhearing the conversation between Reagan and Captain Israel, a group of men, including Rose, yelled at Captain Israel and approached him aggressively. Captain Israel left, and the men eventually stopped shouting.
Around 2:00 p.m., a group of approximately 20 officers arrived at the vigil area. Many unpermitted items were still scattered around, and Sergeant Bernard Ortiz believed this violated the Oakland Municipal Code’s prohibition against “minor encroachments without a permit.” He ordered his officers to begin writing citations for the infractions.
One of the officers, Officer Marcos Campos, thought that Carly Bate, a vigil participant, was violating the Oakland Municipal Code because “[s]ome of her property was [protruding] onto the walkway of [the p]laza, ” even though she began moving it after officers said they were going to start writing
citations. She refused to give Officer Campos her identification or her name and date of birth. Bate began to walk away, and Officer Campos believed she was trying to flee and therefore subject to arrest. He tried to handcuff her but was unsuccessful because she was “fla[il]ing her arms.” He then felt someone else tug on his arm, and the handcuffs fell to the ground. An officer standing next to Officer Campos, Officer C. O’Connor,  grabbed Bate’s other arm and handcuffed her.
Another officer present at the scene, Officer Patrick Gerrans (P. Gerrans),  corroborated Officer Campos’s testimony. He testified that he and the other officers had been briefed that the vigil participants had been warned to remove their things from the plaza and that they should cite the participants who refused to comply. He testified that he observed Officer Campos, who was about six feet away, trying to get Bate’s identification while Bate argued with him. Officer P. Gerrans saw Bate begin to walk away and then saw Officer Campos grab and “hold on to... Bate, which [Officer P. Gerrans] recognized as a detention.” Officer P. Gerrans also saw Bate begin to move her arms in an attempt to resist being handcuffed.
Officer P. Gerrans and Sergeant Ortiz testified that the confrontation escalated as Bate was being restrained. They saw another woman, Tiffany Tran, intervene in the scuffle between Officer Campos and Bate. They both saw Tran grab Officer Campos from behind, and Officer P. Gerrans saw Tran grab Bate and try to pull her away from Officer Campos. Officer P. Gerrans responded by grabbing Tran’s left arm, and Sergeant Ortiz responded by grabbing her right arm. Another bystander, Phillip Boswell, then ...