Tuesday, Jan. 31, 2006 • Defense won’t use personnel records at trial for attempted murder of deputy

Publisher’s note: This story originally appeared in the Tuesday, Jan. 31, 2006 edition of the Lassen County Times.

If Andrew M. Berridge’s attempted murder trial begins as scheduled on Tuesday, Feb. 7, the defense won’t have any information from Sheriff’s Deputy Kenneth McCormick’s personnel file.

On Monday, Jan. 23, Superior Court Judge Stephen Bradbury granted the defense Pitchess motion to obtain McCormick’s police personnel files. Berridge, 27, of Susanville is charged with attempting to murder McCormick on April 28, 2005.

Bradbury allowed a review in camera (by himself in his chambers) of the officer’s records to determine whether there was disclosable information on the defense allegation of filing false reports, because McCormick was “the only witness to essential elements of an alleged crime.”

According to court records, Undersheriff Si Bollinger brought McCormick’s personnel records for Bradbury’s review. The court recessed to review the records.

After review, Bradbury ruled nothing in the file could be used as evidence in the case and returned it to Bollinger.

Defense attorney Rhea Giannotti filed the motion requesting the names, addresses, telephone numbers, written or oral statements and tape recordings of people who have filed complaints with the department and names of investigators who looked into any complaints of dishonesty, fabrication of charges or evidence of any act of morally lax character involving McCormick. She also requested the department’s records, reports or findings indicating the same traits.

Giannotti also requested the department’s written procedures for investigating citizen complaints against the department or its personnel and records.

Traci Witry, Lassen County’s senior deputy county counsel, requested Bradbury deny the defense request because Giannotti stated no facts to support her motion.

In the 1974 Pitchess v Superior Court decision, the California Supreme Court established the right of criminal defendants to obtain discovery of police personnel files and records. In 1978, the state legislature set guidelines requiring a showing of good cause.

The state high court held numerous complaints of excessive force or dishonesty would tend to prove a similar allegation. Without an affidavit containing adequate facts, Witry’s motion said, the court could not assess good cause in Berridge’s case.

At 9 p.m. on April 28, the deputy contacted Berridge in a vehicle on Highway 36 west of Susanville. Berridge was a parolee at large.

During the contact, Berridge allegedly pulled a shotgun and attempted to shoot the deputy. The single-barrel, 12-gauge, sawed-off shotgun apparently malfunctioned.

Berridge allegedly fled the scene in his vehicle and later abandoned the vehicle.     He was taken into custody in Chester without incident about two hours after the officers discovered his location.

An enhancement charged against him alleges Berridge served a prior prison term after his June 1999 conviction in Lassen County Superior Court for lewd acts with a child younger than 14 years old.

He also faces four other felony charges of assault with a deadly weapon on a peace officer, obstructing an officer, being a felon in possession of a firearm and unlawfully possessing a short-barreled shotgun. The attorneys estimated the jury trial will take four days.

Giannotti also requested lab testing of the shotgun but District Attorney Bob Burns objected because possession of the weapon is illegal. The defense and prosecution are still negotiating the testing request.