Semi dvsneun 12 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 P= CFIVED COUNTY COUNSEL'S OFFICE SHARON PETROSINO 17 aoept: W-1 Public Defender ‘Bates 1/8/2018 Orange Count cen Estctime: 1 hr. SCO’ SANDERS OCT ¥7 2018 Assistant Public Defender state Bar No. 14120 Beach Bivd., Suite Ze aera. i iforni: IBALC iam nu iT ‘Westminster, California 9268346 aw we Saator i Ney, WESTMENeTER ca a4 Telephone: (714) 896-7281 Laity Fax: (714) 896-7368 Attorneys for Defendant Mohamed Zahangir Sayem SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE, WEST JUSTICE CENTER Case No.: 18WF1909 NOTICE AND MOTION FOR DISCOVERY OF PEACE OFFICER PERSONNEL RECORDS; POINTS AND AUTHORITIES IN SUPPORT. THEREOF; DECLARATION OF COUNSEL AND EXHIBITS. PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. MOHAMED ZAHANGIR SAYEM, Defendant. TO: THE ORANGE COUNTY SHERIFF’S DEPARTMENT AND THE CLERK OF| THE ABOVE-ENTITLED COURT: PLEASE TAKE NOTICE that on November 8, at 8:30 a.m., or as soon thereafter as| counsel may be heard in Department W-1 of the above-entitled court, Defendant Mohamed! Zahangir Sayem will move this Court for an order directing the Orange County Sheriff's Department (“OCSD”) to disclose information from peace officers” personnel files pursuant to Evidence Code sections 1043-1046, Pitchess v. Superior Court (1974) 11 Cal.3d 531, jAbativ. Superior Court (2003) 112 Cal.App.ath 39, Brady v. Maryland (1963) 373 US. 83, and in accordance with Mr. Sayem’s state and federal constitutional rights of due process, confrontation, and cross-examination. 1 Pitchess Motion ~ SayemSema dvsu run SUMMARY OF MOTION Defendant Mohamed Zahangir Sayem seeks personnel records related to three officers employed by the OCSD: one who committed an unjustified felony assault with force likely to cause great bodily injury and then filed a false police report, the second who filed a false police report, and a third who as a supervising sergeant aided and abetted in the filing of a false police report. In sum, Officer Michael Devitt committed a brutal act of excessive foree, and then decided that rather than take responsibility for his actions he would collaborate with a fellow officer and his sergeant to fabricate facts in hopes of securing the defendant's wrongful felony conviction of violating Penal Code (“P.C.") Section 69. On August 19, 2018, Officer Michael Devitt approached Sayem’s vehicle in the city of Stanton. Sayem was passed out in the driver's seat. Devitt approached Sayem on the driver's side of the vehicle, and made several attempts to wake him up before succeeding, The car was turned off. Devitt removed the key from the ignition. Deputy Eric Otal Positioned himself on the passenger side of the Defendant’s vehicle. Devitt and Ota spoke| with Sayem, who appeared obviously intoxicated to the officers and gave a number off partially understandable answers, statements, and insults—often chuckling and falling in the| car as he delivered them. On several instances, the officers asked him to repeat or clarify] what he said, as the officers asked that he give his identification. After having not received! the identification, Sayem appears to intend to walk away from the vehicle—placing his foot outside of the vehicle. Devitt warmed Sayem to stay in the vehicle. When Sayem again put his foot outside of the vehicle, Devitt pushed back on Sayem. Sayem then said “Don’t touch! me like that.” Sayem then tried to pull away from Devitt, who responded by yanking Sayem by his left arm out of the vehicle. Sayem appears to have pushed on the horn with his right hand as hhe was being pulled, and then clung to the steering wheel with his right hand. Once forcibly| removed from the car and up against the side of the vehicle, Sayem’s left arm came free of Devitt’s grasp as he clung to the steering wheel. Devitt then grabbed Sayem near his face 2 Pitchess Motion ~ SayemSemin asuawn and neck while using the car to prevent Sayem from moving, Devitt proceeded to grab Sayem| on the side of his face and then punch him repeatedly with a closed fist. It appears that Devitt Punched Sayem approximately six times. By the third punch, Sayem appears to have lost consciousness. At some point around the time of the third and fourth punches, Sayem’s right hand fell from the steering wheel. After Devitt delivered the fifth punch, Ota, who had come around from the other side of the vehicle, forcefully yanked Sayem downward. Sayem’s right| arm collapsed onto the back of Devitt’s neck. As Sayem continued to fall toward the ground, Devitt delivered the sixth punch and then pulled Sayem’s arm off from around his neck: and Sayem fell onto the ground, where he was handcuffed by Devitt and Ota. Sayem suffered injuries to his face and leg. With Sayem lying face first on the ground, and barely moving after being beaten up, Devitt said, “Moe needs to calm down a little bit.” Later, while still face first on the ground, Sayem asked the officers, “Are you going to shoot me?” Devitt answered “No.” Ota said, “Like to.” Sayem said, “C’mon bro. Really?...Really?” Neither officer responded. While Devitt admitted in his report to punching Sayem, as described below, hel fictionalized key details, including Sayem’s violence in order to justify his own use of force, Sergeant Christopher Hibbs quickly arrived on scene, and received Devitt’s first description of what occurred just seven minutes after Sayem hit the ground. Hibbs took another statement! from Devitt approximately ten minutes later, and the sergeant repeated to Devitt his understanding of what occurred. Hibbs’ MVAR (“dash cam”) captured the statements made by Devitt prior to the audio being turned off. (See footnote 2.) Hibbs later approved the| reports written by Devitt (and Ota),! even though he knew that Devitt had changed his| description of the incident in material aspects. There were two particularly significant changes to Devitt’s story—both of which| ' Hibbs’ report—if written—has not been disclosed to date. Based upon Hibbs’ history discussed herein, itis certainly understandable why he would have been strongly opposed writing a report that contradicted his fellow deputies’ official description of events. 3 Pitchess Motion — Sayem