Brady List (Imperial County)

Dan Rubins filed this request with the Imperial County District Attorney of El Centro, CA.
Est. Completion Aug. 8, 2019
Status
No Responsive Documents

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: Imperial County District Attorney

From: Francisco Soto
Sent: Thursday, July 25, 2019 1:39 PM
To: 76624-20154722@requests.muckruock.com
Cc: Lisa Sanchez <LisaSanchez@co.imperial.ca.us>
Subject: Request for Records dated July 15, 2019

Mr. Dan Rubins,

Good afternoon!

Attached is a letter regarding you request for records dated July 15, 2019.

If you have any questions, please contact our office.

Have a great day!

Francisco Soto
Legal Office Assistant
County of Imperial
Office of the County Counsel
(442) 265-1120

This communication contains legally privileged and confidential information sent solely for the use of the intended recipient, and the privilege is not waived by the receipt of this communication by an unintended and unauthorized recipient. If you are not the intended recipient of this communication you are not authorized to use it in any manner, and must either immediately destroy it or return it to the sender. Please notify the sender immediately be telephone at (442) 265-1120 if you received this communication in error.

  • July 25, 2019 Ltr. to MuckRock News Re Request for Records dated July 15, 2019

From: Imperial County District Attorney

An interim response, stating the request is being processed.

From: Imperial County District Attorney

Mr. Dan Rubins,

Good morning!

Attached is a letter in response to your request for records dated July 15, 2019.

If you have any questions, please contact our office.

Thank you!

Francisco Soto
Legal Office Assistant
Office of the County Counsel
County of Imperial
(442) 265-1120

PRIVACY NOTICE

This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential or exempt from disclosure under applicable Federal or State Law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately. Thank you.

From: Imperial County District Attorney

A no responsive documents response.

From: Imperial County District Attorney

A no responsive documents response.

Files

pages

Close