SAN DIEGO - A hearing on a bid by Chargers linebacker Steve Foley's attorneys to view the personnel file of a Coronado police officer who shot him during a DUI arrest will be held March 16, it was decided today.

Judge Charles Rogers set the date for the so-called Pitchess Motion during a short hearing with the prosecutor and attorneys for Foley and a woman with him during the incident, Lisa Maree Gaut.

The lawyers would need an order from a judge to view the personnel file of Officer Aaron Mansker, who followed the defendants to Foley's Poway home last Sept. 3 because he suspected the football player was intoxicated.


Mansker said he shot Foley, 31, in the hip and leg when he refused orders to stop.

Foley is charged with two misdemeanor driving under the influence counts and is scheduled to go to trial on May 7.

Gaut was charged with felony assault with a deadly weapon on a peace officer for allegedly trying to run Mansker over. Her trial is set for April 2.

"It's the court's intention to hold to these (trial) dates," the judge said.

The judge also told Foley's lawyer, that his wife is involved with the San Diego chapter of the Huntington's Disease Society of America, which is supported by the San Diego Chargers.

"In this court's mind it doesn't create difficulties in being impartial," Rogers said. The attorney said he'd inform his client of the potential conflict.


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