Emmery Muñoz 2006 murder case

Stephanie Brown filed this request with the Los Angeles Police Department of Los Angeles, CA.
Tracking #

21-6130

Due July 31, 2021
Est. Completion None
Status
Awaiting Response

Communications

From: Stephanie Brown

To Whom It May Concern:

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

All public records associated with case #060405687—including but not limited to emails, incident reports, recordings of 911 calls, recordings of press conferences, new details from 2011—related to the body of Emmery Muñoz being found in the loading dock area of the business located at 1513 Marisol Street, in the Boyle Heights area of Los Angeles on Wednesday, January 25, 2006 at approximately 9:00 a.m.

This incident was reported on here: https://www.lapdonline.org/february_2011/news_view/47095

In 2011, LAPD Detective Douglas Kirkland was quoted saying “we’re conducting an ongoing investigation and we have received some recent clues that we are pursuing."

The most recent news on this case was reported on here: https://abc7.com/archive/7921997/

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. I can be reached directly by phone: 310-483-5503 and through email: janice.llamoca@vice.com.

Sincerely,

Janice Llamoca

From: Los Angeles Police Department

City of Los Angeles

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Hi there

Your first City of Los Angeles record request (request number #21-6130) has been submitted.
It is currently unpublished and is not available for the general public to view.

Request #21-6130.

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From: Los Angeles Police Department

City of Los Angeles

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Hi there

A message was sent to you regarding record request #21-6130:

Dear Requester,

 

Your CPRA (California Public Records Act) request was received and will be assigned to a Management Analyst.

 

If you have any further questions, please respond to this email.

 

Respectfully,

 

LAPD Discovery Section, CPRA Unit

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From: Los Angeles Police Department

City of Los Angeles

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Hi there

Record request #21-6130 has been closed and published. The closure reason supplied was:

Dear Requester:

 

We reviewed your request for copies of the Los Angeles Police Department’s crime and incident reports concerning an incident documented under DR# 06-04-05687.

 

Your request was made under the California Public Records Act (the Act). The Department is cognizant of its responsibilities under the Act. It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government and does not mandate disclosure of all documents within the government’s possession. Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1. The law also exempts from disclosure, records that are privileged or confidential, or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

In accordance with the California Government Code, Section 6254(f), records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes are exempt from disclosure. To the extent that records were located, they are either investigatory records themselves or properly part of an investigative file. Therefore, we are denying your request. The records may be provided pursuant to a subpoena or court order related to pending litigation.

 

You may personally serve your subpoena to the Custodian of Records at the following location during normal business hours, which are Monday-Friday (excluding City holidays), 8:00 a.m. to 4:00 p.m.:

 

LAPD Legal Affairs Discovery

200 N. Spring St., Ste. 1900

Los Angeles, CA 90012

Main Line: (213) 847-3615

Should any records be located, to the extent the information is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, and a brief statement of the circumstances can be made available to you upon request.

 

If you are the victim or the victim’s legal representative, you may contact the Los Angeles Police Department’s Records and Identification Division at (213) 486-8110 for further information on obtaining reports for victims of crimes.

 

If you have any questions, please respond to this email.

 

Respectfully,

 

LAPD Discovery Section, CPRA Unit

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From: Stephanie Brown

To Whom It May Concern:

I am emailing to see whether you might reconsider the denial of Record request #21-6130. While we appreciate that the California Public Records Act includes an exemption for records of investigations or investigatory files, I want to reiterate that this exemption is only permissive; in other words, the LAPD is not required to withhold documents. See Cal. Gov’t Code § 6254 (“this chapter does not require the disclosure of any of the following records . . . [including] Records of complaints to, or investigations conducted by . . . any state or local police agency”).

Likewise, I’d remind you that the California Public Records Act is to be construed in favor of providing disclosure; indeed, the LAPD’s own manual dedicated to the California Public Records Act notes that “[t]he fundamental precept of the CPRA is that governmental records should be disclosed to the public, upon request, unless there is a specific reason not to do so.” (http://lapd-assets.lapdonline.org/assets/pdf/09-30-19_CPRA_Unit_Manual.pdf). Under the Act, the LAPD may also employ a balancing test to determine whether the public interest in nondisclosure outweighs the public interest in disclosure. In your short, vague message summarily denying Record request #21-6130, the LAPD appeared to ignore these principles entirely.

In light of the above, I’m respectfully requesting that the LAPD waive the exemption as to all or some of the documents cited in Record request #21-6130. Please let me know if you have any questions. I can be reached directly by phone: 310-483-5503 and through email: janice.llamoca@vice.com.

Best,

Janice Llamoca

From: Stephanie Brown

To Whom It May Concern:

I am emailing to see whether you might reconsider the denial of Record request #21-6130. While we appreciate that the California Public Records Act includes an exemption for records of investigations or investigatory files, I want to reiterate that this exemption is only permissive; in other words, the LAPD is not required to withhold documents. See Cal. Gov’t Code § 6254 (“this chapter does not require the disclosure of any of the following records . . . [including] Records of complaints to, or investigations conducted by . . . any state or local police agency”).

Likewise, I’d remind you that the California Public Records Act is to be construed in favor of providing disclosure; indeed, the LAPD’s own manual dedicated to the California Public Records Act notes that “[t]he fundamental precept of the CPRA is that governmental records should be disclosed to the public, upon request, unless there is a specific reason not to do so.” (http://lapd-assets.lapdonline.org/assets/pdf/09-30-19_CPRA_Unit_Manual.pdf). Under the Act, the LAPD may also employ a balancing test to determine whether the public interest in nondisclosure outweighs the public interest in disclosure. In your short, vague message summarily denying Record request #21-6130, the LAPD appeared to ignore these principles entirely.

In light of the above, I’m respectfully requesting that the LAPD waive the exemption as to all or some of the documents cited in Record request #21-6130. Please let me know if you have any questions. I can be reached directly by phone: 310-483-5503 and through email: janice.llamoca@vice.com.

Best,

Janice Llamoca

From: Stephanie Brown

To Whom It May Concern:

I am emailing to see whether you might reconsider the denial of Record request #21-6130. While we appreciate that the California Public Records Act includes an exemption for records of investigations or investigatory files, I want to reiterate that this exemption is only permissive; in other words, the LAPD is not required to withhold documents. See Cal. Gov’t Code § 6254 (“this chapter does not require the disclosure of any of the following records . . . [including] Records of complaints to, or investigations conducted by . . . any state or local police agency”).

Likewise, I’d remind you that the California Public Records Act is to be construed in favor of providing disclosure; indeed, the LAPD’s own manual dedicated to the California Public Records Act notes that “[t]he fundamental precept of the CPRA is that governmental records should be disclosed to the public, upon request, unless there is a specific reason not to do so.” (http://lapd-assets.lapdonline.org/assets/pdf/09-30-19_CPRA_Unit_Manual.pdf). Under the Act, the LAPD may also employ a balancing test to determine whether the public interest in nondisclosure outweighs the public interest in disclosure. In your short, vague message summarily denying Record request #21-6130, the LAPD appeared to ignore these principles entirely.

In light of the above, I’m respectfully requesting that the LAPD waive the exemption as to all or some of the documents cited in Record request #21-6130. Please let me know if you have any questions. I can be reached directly by phone: 310-483-5503 and through email: janice.llamoca@vice.com.

Best,

Janice Llamoca

From: Los Angeles Police Department

City of Los Angeles

************************************************************************

Hi there

A message was sent to you regarding record request #21-6130:

Dear Requester:

 

The Department has received your message regarding the Department's response to your request. The Department will evaluate your concerns and respond as soon as practicable.

 

Thank you,

 

LAD Discovery, CPRA Unit

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