00-0795 State v. Navarro

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“We agree with the State that Navarro’s allegations could have been considerably more specific, for instance, by identifying specific past incidents involving the correctional officer of which Navarro was aware, or by providing the names of inmates allegedly abused by the officer prior to the date of Navarro’s alleged battery. Nonetheless, the question presently before us is not whether Navarro’s assertions are sufficient to require the court to order an in camera inspection of the requested records, but whether they are sufficient to permit him to make the requisite showing of materiality at an evidentiary hearing.

“We conclude that Navarro’s allegations, communicated through counsel, are sufficient to merit a hearing. If it is true, as his counsel asserts, that Navarro was aware at the time of the alleged offense of specific past acts of violence by the officer toward inmates, or of the officer’s having a reputation for being abusive to inmates, Navarro is arguably entitled to the relief he requests-an in camera inspection of certain confidential records that may contain information corroborating the officer’s past acts or reputation.”

Reversed and remanded for an evidentiary hearing.

Dist IV, Dodge County, Klossner, J., Deininger, J.

Attorneys:

For Appellant: Joseph M. Moore, Juneau

For Respondent: William F. Bedker, Juneau; Diane M. Welsh, Madison