Brady List (Madera County)
| Tracking # |
14691 |
| Submitted | July 4, 2019 |
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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:
---If replying by email, enter your reply above this line---
Dear Dan,
We appreciate the opportunity to assist you and assure you
a positive experience with us.
The Problem you submitted was:
Request type: Public Records Request
Description: 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). Please see attached fax of full request.
Since this appears to be the first time you have entered a request,
we have automatically created a User name and a Password for you to
access our system for tracking this request.
Your Sign In information is:
Sign In name: drubins
Password: drubins499
You may change your User name and Password by selecting Account Info
under your name in the upper right after your first Sign In.
You will receive a response within 10 days for this request.
You may add additional information to this request by:
1) Replying to this email,
2) Signing into the system, or
3) Going to: <http://user.GovOutreach.com/maderaco/case.php?id=4537926&access=6531383036333336>
Thank you,
Madera County
From:
Dear Mr. Rubins:
On behalf of the County of Madera, please find attached the County's initial response to your Public Records Act request, referenced above.
Sincerely,
[LS Email Logo]<www.lozanosmith.com>
Shaun R. Ardemagni | Legal Secretary to Roberta Rowe,
Janae D. Castellani, James N. McCann &
Brittaney L. Contreras
7404 North Spalding Avenue Fresno, CA 93720-3370
T: 559.431.5600 F: 559.261.9366
[Facebook]<https://www.facebook.com/LozanoSmith> [Twitter] <https://twitter.com/LozanoSmith> [Linkedin] <https://www.linkedin.com/company/lozano-smith> [Podcast] <http://www.lozanosmith.com/podcast.php> [Vimeo] <https://vimeo.com/lozanosmith>
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or confidential information only for use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and/or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail or by telephone at (800) 445-9430 and delete the transmission. Thank you.
From: Dan Rubins
Hello,
Thanks for your prompt acknowledgment. Please let me know if you need any additional information, otherwise, I'll look forward to hearing from you later this month.
Sincerely,
Dan Rubins
From: Madera County District Attorney
Dear Mr. Rubins:
Attached, please find the County of Madera's supplemental response to you with regard to the above-referenced Public Records Act request.
Sincerely,
[LS Email Logo]<www.lozanosmith.com>
Shaun R. Ardemagni | Legal Secretary to Roberta Rowe,
Janae D. Castellani, James N. McCann &
Brittaney L. Contreras
7404 North Spalding Avenue Fresno, CA 93720-3370
T: 559.431.5600 F: 559.261.9366
[Facebook]<https://www.facebook.com/LozanoSmith> [Twitter] <https://twitter.com/LozanoSmith> [Linkedin] <https://www.linkedin.com/company/lozano-smith> [Podcast] <http://www.lozanosmith.com/podcast.php> [Vimeo] <https://vimeo.com/lozanosmith>
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or confidential information only for use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and/or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail or by telephone at (800) 445-9430 and delete the transmission. Thank you.
From: Madera County District Attorney
Dear Mr. Rubins:
Attached, please find the County of Madera's response to you with regard to the above-referenced records request.
Sincerely,
[LS Email Logo]<www.lozanosmith.com>
Shaun R. Ardemagni | Legal Secretary to Roberta Rowe,
Janae D. Castellani, James N. McCann &
Brittaney L. Contreras
7404 North Spalding Avenue Fresno, CA 93720-3370
T: 559.431.5600 F: 559.261.9366
[Facebook]<https://www.facebook.com/LozanoSmith> [Twitter] <https://twitter.com/LozanoSmith> [Linkedin] <https://www.linkedin.com/company/lozano-smith> [Podcast] <http://www.lozanosmith.com/podcast.php> [Vimeo] <https://vimeo.com/lozanosmith>
CONFIDENTIALITY NOTICE: This electronic mail transmission may contain privileged and/or confidential information only for use by the intended recipients. Unless you are the addressee (or authorized to receive messages for the addressee), you may not use, copy, disclose, or distribute this message (or any information contained in or attached to it) to anyone. You may be subject to civil action and/or criminal penalties for violation of this restriction. If you received this transmission in error, please notify the sender by reply e-mail or by telephone at (800) 445-9430 and delete the transmission. Thank you.
From:
---If replying by email, enter your reply above this line---
Dear Dan,
Your request # 14691 has been resolved with the resolution:
8/12/19 Sent final response, with records.
This is in reference to the Problem on PRA - County Counsel (Admin Use Only) you submitted on 07/05/2019 09:49 AM
Description: 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). Please see attached fax of full request.
We are committed to providing you the best service we can. We would
appreciate you filling out an online survey on how this request was
handled. You can fill out the online survey by going to:
<http://user.GovOutreach.com/maderaco/survey.php?cid=4537926&access=6531383036333336>
You may reply to this email to send a response or you can view this
request online at:
<http://user.GovOutreach.com/maderaco/case.php?id=4537926&access=6531383036333336>
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