The petitioner, the State of New Hampshire, filed a petition for writ of certiorari pursuant to RSA 490:4 (1997) and Supreme Court Rule 11, challenging a decision of the Hooksett District Court (Sobel, J.) granting defendant Thomas Theodosopoulos’ motion to compel discovery. We deny the petition.
The record supports the following facts. On October 18, 2004, the defendant was involved in a motor vehicle collision on Route 3, in Hooksett, with a vehicle driven by Jason Defina, an off-duty Hooksett police officer. Police officers from the Town of Hooksett were the first police officers to respond to the accident. However, because the collision involved an off-duty Hooksett police officer, the New Hampshire State Police were contacted and State Trooper David Gagne assumed responsibility for the accident investigation. The defendant was issued a citation for failure to yield. See RSA 265:32 (2004). The defendant entered a not guilty plea.
On December 30,2004, the defendant filed a motion to compel discovery, requesting the State to provide, among other things, “all information, documentation or disciplinary memoranda which would serve as exculpatory evidence either where the information relates to (Officer) Defina’s credibility or his use of police vehicles. This request is made pursuant to the State v. Laurie decision.” The State objected. At the conclusion of a February 14, 2005 hearing, the court granted the defendant’s motion to compel and ordered the Hooksett Police Department to give the prosecutor access to Defina’s disciplinary or personnel file to “review the file for contents requested by the defendant and then proceed accordingly based on the file review.” Following a denial of its February 17, 2005 motion to reconsider, the State filed the instant petition.
Certiorari is an extraordinary remedy that is not granted as a matter of right, but rather at the discretion of the court. Petition of State of N.H.,
The State asserts that the trial court exceeded its statutory authority by ordering the Hooksett Police Department to turn over Defina’s confidential personnel file to the prosecutor without following the requisite procedures set forth in RSA 105:13-b (2001). Specifically, the State contends the defendant failed to establish a reasonable probability that the requested records contain information material and relevant to his defense, which would have then triggered an in camera review of the records pursuant to RSA 105:13-b.
Relying upon Part I, Article 15 of the New Hampshire Constitution and State v. Laurie,
In Laurie, we held that the defendant was denied due process of law under the State Constitution when the State knowingly withheld exculpatory evidence contained in the confidential employment records of an investigative detective who was testifying for the State at trial. Laurie,
RSA 105:13-b (2001), “Confidentiality of Personnel Files,” provides, in pertinent part:
No personnel file on a police officer who is serving as a witness or prosecutor in a criminal case shall be opened for the purposes of that criminal case, unless the sitting judge makes a specific ruling that probable cause exists to believe that the file contains evidence relevant to that criminal case.
RSA 105:13-b cannot limit the defendant’s constitutional right to obtain all exculpatory evidence. In State v. Amirault,
However, unlike the defendant in Amirault, the defendant in this case is not seeking access to all potentially material and relevant information in Defina’s personnel file. Nor is he seeking complete discovery of all investigatory work or an examination of the complete file. See State v. Breest,
Thus, we conclude that to the extent Defina’s confidential personnel file contains such information, the defendant is entitled to that exculpatory information under Part I, Article 15 of the State Constitution and Laurie. See Laurie,
Petition denied.
