Brady List (San Mateo County)

Dan Rubins filed this request with the San Mateo County District Attorney, Redwood City of California.
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Communications

From: Dan Rubins


To Whom It May Concern:

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

In accordance with California Penal Code §832.7 (b)(1), as amended by SB 1421, I am requesting all "Brady lists," "Giglio lists," "potential impeachment disclosure lists," or any similar compiled records or lists of records of the type set forth in California Penal Code §832.7 (b)(1)(C). That is, "Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency of dishonesty by a peace officer or custodial officer directly relating to the reporting, investigation, or prosecution of a crime, or directly relating to the reporting of, or investigation of misconduct by, another peace officer or custodial officer, including, but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence."

In particular, the records I am seeking would provide a list of law enforcement officers in your jurisdiction whose involvement in a criminal proceeding would have to be disclosed as potentially exculpatory evidence in accordance with Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 450 U.S. 150 (1972). I am making this request for both sworn employees and non-sworn employees. At a minimum, please include the full name, serial number, and agency of employment; seperate lists for each agency in your jurisdiction are fine. If possible, please also include the date of inclusion on the list and any descriptive information relating to the reason for inclusion on the list. If redactions are made, please be sure to justify how the redaction "clearly outweighs" the public interest of disclosure per Government Code §6255.

The time limit of this request is the previous 10 years, or to the maximum extent possible under your agency's records retention schedule if less than 10 years. To be clear, while SB 1421 went into effect on January 1, 2019, in accordance with the recent appelate decision in Walnut Creek Police Officers’ Association v. City of Walnut Creek et al. which unsuccessfully challenged retroactivity, your agency is required by law to produce such records created prior to January 1, 2019 as well as those records created after the effective date.

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,

Dan Rubins

From: San Mateo County District Attorney, Redwood City

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From:

Dear Mr. Rubins and to whom it may also concern:

I am an attorney for the County of San Mateo and I represent the San Mateo County District Attorneys' Office ("DAO") in civil matters, including responses to Public Records Act requests and requests made pursuant to California Penal Code section 832.7. I write on behalf of the DAO in response to your requests dated July 4, 2019 which the DAO received on July 8, 2019. An electronic copy of the DAO's response is attached to this email as well as a copy of your original requests. The original was mailed to your address.

Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me directly at your convenience.

Joseph F. Charles
Deputy County Counsel
County Counsel's Office, County of San Mateo
400 County Center | Redwood City, CA 94063
Tel. (650) 363-4647 | jcharles@smcgov.org<mailto:jcharles@smcgov.org>

From: San Mateo County District Attorney, Redwood City

Mr. Rubins,

My client received the attached PDF dated July 15, 2019. Below is our response to your CPRA request dated July 4, 2019. Please call if you have any questions. Thanks.

Joseph F. Charles
Deputy County Counsel
County Counsel's Office, County of San Mateo
400 County Center | Redwood City, CA 94063
Tel. (650) 363-4647 | jcharles@smcgov.org<mailto:jcharles@smcgov.org>

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