Payment to Barry Zimmerman and Dr. Sydney Nelson (Placer County Board Of Supervisors)

Jonathan Regent Tyrell filed this request with the Placer County Board Of Supervisors of Auburn, CA.
Multi Request Payment to Barry Zimmerman and Dr. Sydney Nelson
Due May 9, 2022
Est. Completion June 14, 2022
Status
Awaiting Response

Communications

From: Jonathan Regent Tyrell

To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

Regarding P. Tyrell (62-051018), there were two requests for payment made during proceedings: (1) Barry Zimmerman requested approximately $1,500, as payment for Dr. Sydney Nelson's competency evaluation; (2) Also, at the conclusion of criminal proceedings, after Senctencing, Judge J. Richard Couzens authorized payment to Appointed Counsel Barry Zimmerman for time spent representing the Defendant. Please provide a copy of any and all requests for payment and any corresponding proofs of payment to Conflict Counsel Barry Zimmerman and Dr. Sydney Nelson, related to 62-051018.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Jonathan Regent Tyrell

From: Placer County Board Of Supervisors

Thank you for reaching out to the Placer County Board of Supervisors' office. Your email will be distributed to the appropriate Board Member or County Department.

Thank you,

Office of the Placer County Board of Supervisors
530-888-4010

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From: Placer County Board Of Supervisors

Mr. Tyrell,

The initial response to your Public Records Act request is attached. Should you have any questions, please do not hesitate to contact our office.

Thank you.

Sarah Dewberry-Loop
Civil Legal Secretary
Placer County Counsel's Office
175 Fulweiler Avenue
Auburn, CA 95603
(530) 889-4044 | (530) 889-4069

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Notice: This e-mail message, including any attachments, contains information which may be confidential and privileged. Unless you are the intended recipient(s) (or authorized to receive e-mail on the recipient's behalf), you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the message in error, please immediately advise the sender by reply e-mail and delete the message. Thank you.

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.

From: Placer County Board Of Supervisors

Dear Mr. Tyrell:

This correspondence is in further response to your Public Records Act request received by the Placer County Sheriff's Office on or about May 4, 2022. The records sought by you include the following:

Regarding P. Tyrell (62-051018), there were two requests for payment made during proceedings: (1) Barry Zimmerman requested approximately $1,500, as payment for Dr. Sydney Nelson's competency evaluation; (2) Also, at the conclusion of the criminal proceedings, after Sentencing, Judge J. Richard Couzens authorized payment to appointment Counsel Barry Zimmerman for time spent representing the Defendant. Please provide a copy of any and all requests for payment and any corresponding proofs of payment to Conflict Counsel Barry Zimmerman and Dr. Sydney Nelson, related to 62-051018.

Your request seeks several categories of records which may be, at least in part, disclosable public records. We are in the process of searching for, collecting, and appropriately examining a potentially voluminous number of records. Your request has required the County to conduct a review of a voluminous amount of separate and distinct records. Because your request will require a detailed examination, pursuant to Cal. Gov. Code § 6253(c), we are invoking the right to a 14-day extension, and we will be in contact with you on or before June 14, 2022, with a more detailed response regarding the availability of the requested documents, objections, and privileges which would potentially apply to the responsive documents, as well as an estimated cost bill for production. Please refer to Placer County Code § 2.116.030 which outlines the County's fee schedule related to copies.

Please note that if the information you seek is contained in an electronic format and requires programming to make it available in the format you request, there may be charges for the necessary programming work required pursuant to Government Code § 6253.9. If it turns out that there is a large volume of material requested and to be produced such that it is unduly burdensome for the County to provide copies, you will be notified that you may make other arrangements to review and have the documents copied. (California First Amendment Coalition v. Sup Ct. (3rd Dist.1998) 67 Cal.App.4th 159, 166.) Please refer to Placer County Code § 2.116.030 which outlines the County's fee schedule related to copies.

If you have any questions, or would like to discuss the contents of this letter in more detail, please contact me at the telephone number or address above.

Very Truly Yours,

Julia M. Reeves
Deputy County Counsel
Office of Placer County Counsel
175 Fulweiler Avenue
Auburn, CA 95603
530-889-4044 office
530-537-4534 cell

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**Notice: This e-mail message, including any attachments, contains information which may be confidential and privileged. Unless you are the intended recipient(s) (or authorized to receive e-mail on the recipient's behalf), you may not use, copy or disclose to anyone the message or any information contained in the message. If you have received the message in error, please immediately advise the sender by reply e-mail and delete the message. Thank you.

From: Placer County Board Of Supervisors

Good afternoon,

Please see attached for our response to your Public Records Act Request of May 4, 2022. Please do not hesitate to contact our office with any questions.

Thank you.

Sarah Dewberry-Loop
Civil Legal Secretary
Placer County Counsel's Office
175 Fulweiler Avenue
Auburn, CA 95603
(530) 889-4044 | (530) 889-4069

[cid:image001.png@01D87CBF.AE83F170]
Notice: This e-mail message, including any attachments, contains information which may be confidential and privileged. Unless you are the intended recipient(s) (or authorized to receive e-mail on the recipient's behalf), you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the message in error, please immediately advise the sender by reply e-mail and delete the message. Thank you.

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.

From: Jonathan Regent Tyrell

Ms. Reeves, I never made this request of Placer County Sheriff's Department. I would never have supposed the Sheriff custodian of such records. -- matters related criminal defense. The request was made of the County Board of Supervisors. If there is a typo in your responsive letter, is your office suggesting that the County Board of Supervisors is not the Custodian of Records for expert and conflict counsel payment records?

From: Jonathan Regent Tyrell

Appeal your decision.

Thank for remediating the typo. The case was, indeed, 62-051081. I just want to insure that your reference to 41-051081 includes P. Tyrell (62-051081).

To receive payment for services on a case-by-case basis through the Placer County Assigned Counsel Program, the attorney/expert must complete a Payment Voucher. The Court reviews and approves all attorney/expert claims prior to submitting to Placer County, which is the responsible agency for payment of qualified Indigent Defense expenditures. Therefore, at the very least,
payment to Nelson and Zimmerman composes two records: record of judicial approval and record of county payment. No such document is contained in the public court file. This issue important to filing of a motion to vacate, and I sense obstruction.

From: Jonathan Regent Tyrell

Appeal your decision.

The PR Request includes a typo, which the Superior Court graciously remedied. The case was actually P. vs Tyrell (62-051081).

As I understand, to receive payment for services on a case-by-case basis through the Placer County Assigned Counsel Program, the attorney/expert must complete a Payment Voucher. The Court reviews and approves all attorney/expert claims prior to submitting to Placer County, which is the responsible agency for payment of qualified Indigent Defense expenditures.

Therefore, at the very least, payment to Drs. Nelson and Zimmerman composes two records: record of judicial approval and record of county payment. No such document is contained within the public court file. This issue important to filing of a motion to vacate.

From: Placer County Board Of Supervisors

Thank you for reaching out to the Placer County Board of Supervisors' office. Your email will be distributed to the appropriate Board Member or County Department.

Thank you,

Office of the Placer County Board of Supervisors
530-888-4010

[cid:image001.png@01D84E4F.E1C13C30]

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.

From: Jonathan Regent Tyrell

Appeal your decision.

The PR Request includes a typo, which the Superior Court graciously remedied. The case was actually P. vs Tyrell (62-051081).

As I understand, to receive payment for services on a case-by-case basis through the Placer County Assigned Counsel Program, the attorney/expert must complete a Payment Voucher. The Court reviews and approves all attorney/expert claims prior to submitting to Placer County, which is the responsible agency for payment of qualified Indigent Defense expenditures.

Therefore, at the very least, settlement to Drs. Nelson and Zimmerman composes two records: record of judicial approval and record of county payment. No such document is contained within the public court file. This issue important to filing of a motion to vacate.

From: Placer County Board Of Supervisors

Thank you for reaching out to the Placer County Board of Supervisors' office. Your email will be distributed to the appropriate Board Member or County Department.

Thank you,

Office of the Placer County Board of Supervisors
530-888-4010

[cid:image001.png@01D84E4F.E1C13C30]

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.

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