Investigation re January 1, 2009 Fruitvale BART Station (Oscar Grant) Incident

Anonymous Person filed this request with the San Francisco Bay Area Rapid Transit of California.
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From: Anonymous Person

To Whom It May Concern:

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

Pursuant to the California Public Records Act and SB 1421, I hereby make the following 23 records requests from BART *and* BART Police:

Part A:
A1. the report ("Report") entitled "Final Report Internal Affairs Investigation New Year's Day 2009" and/or "Final Report BART Internal Investigation re January 1, 2009 Fruitvale BART Station (Oscar Grant) Incident" (the "Incident")
A2. the "comprehensive reconstruction and depiction" cited on Page 2 of the Report
A3. Exhibit Volume 1 to the Report
A4. Exhibit Volume 2 to the Report
A5. Exhibit Volume 3 to the Report
A6. Exhibit #11 to the Report

Part B:
B1. all public records or information requests (formal or informal) made to your agency by anyone else (including media), AND the responses you have given them, re: the Incident. Please remember your exemption-waiver requirements under Govt Code 6254.5 - if you have provided it to other public/media, we expect you to provide it to us as well.
B2. all communications between any BART/BART police employee and WANDA JOHNSON [between Jan. 1 2009 and today], excluding court records requested in Part C

Part C:
C1. every court filing (incl. appendices, attachments, and exhibits) made by or on behalf of BART or BART Police in any lawsuit filed regarding the Incident, including but not limited to the following case numbers and all related appeals: Johnson v. BART, 11-16546, 3:09-cv-00901-EMC, 3:09-cv-04014-EMC, 3:09-cv-04835-EMC, 3:10-cv-00005-EMC, No. 11-16480, 3:09-cv-00901-EMC, 3:09-cv-04014-EMC, 3:09-cv-04835-EMC, 3:10-cv-00005-EMC, No. 11-16481, 3:09-cv-00901-EMC, 3:09-cv-04014-EMC, 3:09-cv-04835-EMC, 3:10-cv-00005-EMC.
C2. every document (incl. appendices, attachments, and exhibits) received by BART or BART Police in the cases in C1

Part D:
D1. every internal investigation or report in relation to the Incident of Noel Flores
D2. every internal investigation or report in relation to the Incident of Jonathan Guerra
D3. every internal investigation or report in relation to the Incident of Emery Knudtson
D4. every internal investigation or report in relation to the Incident of Anthony Pirone
D5. every internal investigation or report in relation to the Incident of Jon Woffinden
D6. every internal investigation or report in relation to the Incident of Johannes Mehserle

Part E:
E1. all press releases re: the Incident
E2. all photographs of the Incident
E3. all 911 calls of the Incident
E4. all on-scene videos incl. body cam footage of the Incident
E5. all witness reports of the Incident
E6. all incident reports or arrest reports of the Incident
E7. all other available documents re: the Incident

Given the extremely high public interest in this incident, please waive fees and provide a response as soon as possible, and please provide responsive records on a rolling/incremental basis as you approve/redact them for disclosure.

I expect a CPRA-required determination for each of the above 23 requests, or we will issue each request separately to force BART to provide individual determinations. This single email is merely a more efficient process.

If you do not waive fees, please send only those records available without any fees - since we have asked for electronic copies, we expect all will be available without fees. Nevertheless, for any records for which you would charge fees, instead of copies, please provide us the (free) statutorily-mandated CPRA determination of what records exist, so we may inspect them in person if we so choose to do so, and notify us of the expected costs if we wished to move forward with copies.

I would prefer the request fulfilled electronically, by e-mail attachments and in PDF format, if possible.

Please consider your obligations under City of San Jose v. Superior Court (Smith), S218066 to search personal accounts/devices storing public records -- which we do explicitly request.

Please cite statutory authority for any records withheld in whole or in part.

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,

Anonymous Person

From: San Francisco Bay Area Rapid Transit

Your request has been received and will be processed. Thank you.

From: San Francisco Bay Area Rapid Transit

As you have requested records be released on a rolling basis, here is the first one, responsive to Item A1 of your request.
Thank you.

  • Attachment No. 1 04-30 CPRA NYE 2009 OSCAR GRANT IA09A002 Final Report_ Internal Affairs Investigation - New Year's Day 2009_Redacted#6

From: Anonymous Person

Thank you!
1) What are the statutory bases for the redactions of A1 (Govt Code 6255) and the name and title of the person responsible for the partial withholding (Govt Code 6253(d))?
2) While you are not required to create a privilege log for that redacted document, if you already have one, it is a public document, and we request it as well as "A7."

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

From: San Francisco Bay Area Rapid Transit

Right. I'll get you answers, but that was a document that was readily available.

From: Anonymous Person

Yep- I understand, just need to get my responses on the record. Thanks for the great turn-around time, it is refreshing compared to most PRA/FOIA requests to agencies!

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

From: Anonymous Person

Our review of the redacted Report you have provided has caused us to issue new requests A7 thru A34 and C3. The full amended request is attached as a PDF, with citations to the Report so it is very clear which records we are requesting.

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

From: San Francisco Bay Area Rapid Transit

Exempt information has been redacted pursuant to Government Code section 6254(f), as amended by Penal Code sections 832.7(b)(5)(B) and (b)(5)(A). The District's determination that these redacted portions of these documents are exempt from disclosure has been made on the advice of Marco Gomez, Attorney, in the Office of the General Counsel.

From: San Francisco Bay Area Rapid Transit

Received. Thank you.

From: San Francisco Bay Area Rapid Transit

For item A-19:
The Executive Decision Document can be found here.
https://www.bart.gov/sites/default/files/docs/agendas/03-26-09%2520agenda%2520packet.PDF
It's on page 12 of the document, but it's page 36 of the pdf.
The Minutes of the Board Meeting are here.
https://www.bart.gov/sites/default/files/docs/minutes/03-26-09%2520minutes%2520.pdf

For item D, if you are asking for all internal affairs investigations where the listed officers are subjects in the investigation(s), the District has no additional records subject to release per SB1421 for those officers beyond the Oscar Grant files.

The District will respond to the remaining elements of your request as expeditiously as possible.

Thank you.

From: Anonymous Person

Thanks! To clarify for D1-6, is BART stating it has no responsive records, or it has responsive records for each but is withholding them in their entirety, with SB1421 as the statutory justification, or something else?

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

From: San Francisco Bay Area Rapid Transit

Hello,

I would like to upload documents responsive to items on the attached public records request, however the link provided on the document doesn't seem to work properly.

Please advise.

Thank you.

May Cooper | Principal Administrative Analyst
District Secretary's Office | San Francisco Bay Area Rapid Transit District (BART)
300 Lakeside Drive, 23rd Floor, Oakland, CA 94612
Office: (510) 464-6089 | Mobile: (510) 915-0842
Email: mcooper@bart.gov<mailto:mcooper@bart.gov>

"Failures, repeated failures, are finger posts on the road to achievement. One fails forward toward success." C.S. Lewis

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This communication, together with any attachments, may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication, including any attachments, and notify the sender immediately. Any disclosure, copying, or distribution of this communication, or the taking of any action based on it, is strictly prohibited.

From: Anonymous Person

Hello, I believe immediately below this message will be a new link titled "Upload documents directly" - you should be able to use that link to upload files. There might be a button on the website asking you to "Resend Token" if the email is too old.

If that doesn't work - let me know and I'll ask MuckRock staff to assist.

***NOTE: Every response (including all responsive records) you send or upload may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

Thanks!

From: San Francisco Bay Area Rapid Transit

The attached documents are in response to items B1 and E1 of your public records request dated May 2, 2019. The District will respond to the remaining elements of your request as expeditiously as possible.

Thank you.

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From: San Francisco Bay Area Rapid Transit

This is to confirm that documents responsive to items Part B/ B1: all public records or information requests (formal or informal) made to your agency by anyone else and Part E/E1. all press releases re: the Incident of your request, were uploaded to your site via the link provided in your email below. The District will respond to the remaining elements of your request as expeditiously as possible.

Thank you.

From: Anonymous Person

Thank you very much. Your assistance is quite appreciated.

From: Anonymous Person

Hi- I wanted to clarify. Did your response to part B1 include all "the responses you have given them" (i.e. including all responsive records) ? There are quite a few letter responses, but it appears all the responsive records are in the ZIP file which only has these files:

Police Auditor SB1421 Attachment No. 1.pdf
Police Auditor SB1421 Attachment No. 2.pdf
Police Auditor SB1421 Attachment No. 3.pdf
Police Auditor SB1421 Attachment No. 4.pdf
Police Auditor SB1421 Attachment No. 5.pdf
Police Auditor SB1421 Attachment No. 6.pdf
Police Auditor SB1421 Attachment No. 7.pdf
Police Auditor SB1421 Attachment No. 8.pdf
Police Auditor SB1421 Attachment No. 9.pdf
Police Auditor SB1421 Attachment No. 10.pdf
Attachment No. 2 04-30 CPRA AB1421 Rafanan 1701-1572 approved_Redacted2#6.pdf
Attachment No. 1 04-30 CPRA NYE 2009 OSCAR GRANT IA09A002 Final Report_ Internal Affairs Investigation - New Year's Day 2009_Redacted#6.pdf
IA2014-036 Binder 2019_02_14_07_34_35 Redacted.pdf
CPRA AB1421 BART 8 TRUTHFULNESS SUSTAINED IA2014-019 Correspondence_Redacted.pdf
CPRA AB1421 BART 8 TRUTHFULNESS SUSTAINED IA2014-019 (Reviewed).pdf
CPRA AB1421 BART 8 TRUTHFULLNESS SUSTAINED IA2014-019 DOC030419 Phone Records Attachment (Reviewed).pdf
SB 1421 index.pdf

***NOTE: Every response (including all responsive records) you send may be automatically and immediately visible to the general public on the MuckRock.com internet service used to issue this request.***

From: San Francisco Bay Area Rapid Transit

Yes, that's correct. The zip file includes all the documents released to date.

From: Anonymous Person

Thank you.
B1: did you withheld any record or portion of record? please cite statutory exemption and name/title of official.
E1: did you withheld any record or portion of record? please cite statutory exemption and name/title of official.

From: San Francisco Bay Area Rapid Transit

Hello,

You were provided with all public records requests and press releases made to the District. You were also provided with the District's response and/or responsive documents. No documents were withheld under items B1 or E1.

Thank you.

From: San Francisco Bay Area Rapid Transit

This is in further response to your public records request. The attached files are a partial response to item B2 of your request. The District will respond to the remaining elements of your request as expeditiously as possible.

Thank you.

May Cooper | Principal Administrative Analyst
District Secretary's Office | San Francisco Bay Area Rapid Transit District (BART)
300 Lakeside Drive, 23rd Floor, Oakland, CA 94612
Office: (510) 464-6089 | Mobile: (510) 915-0842
Email: mcooper@bart.gov<mailto:mcooper@bart.gov>

"Failures, repeated failures, are finger posts on the road to achievement. One fails forward toward success." C.S. Lewis

[cid:image001.png@01D22E6F.C7709F20]
This communication, together with any attachments, may contain privileged or confidential information intended for a specific individual and purpose, and is protected by law. If you are not the intended recipient, you should delete this communication, including any attachments, and notify the sender immediately. Any disclosure, copying, or distribution of this communication, or the taking of any action based on it, is strictly prohibited.

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