Brady List (Butte County)
| Submitted | July 4, 2019 |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
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: Butte County District Attorney
Dear Muckrock:
The Butte County DA is working on the legal issues presented by your request. We would appreciate an additional week to fully explore and resolve the issues. If you could give us until next Friday, 7/19, we would greatly appreciate the extra time.
Mark Murphy
Chief Dep. DA
From: Butte County District Attorney
Please see attached.
Beverly Tauchman
Senior Legal Secretary
Butte County Counsel
25 County Center Drive, Suite 210
Oroville, CA 95965-3380
Phone (530) 552-4070
Fax (530) 538-6891
btauchman@buttecounty.net<mailto:btauchman@buttecounty.net>
Attorney Client/Work Product Privilege
Confidentiality Notice: This e-mail transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering this e-mail to the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this e-mail and any attachments, and (3) requested to immediately notify us by e-mail that you mistakenly received this message (btauchman@buttecounty.net<mailto:btauchman@buttecounty.net>), fax (530) 538-6891 or telephone (530) 552-4070. Thank you.
From: Dan Rubins
Ms. Tauchman,
Thanks for the prompt acknowledgment. Please let me know if you need any additional information.
The 14-day extension in CPRA has been invoked by almost every other county we've asked, so feel free to do the same.
Sincerely,
Dan Rubins
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 4, 2019. You had previously indicated that it would be completed on Aug. 1, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Butte County District Attorney
To Whom It May Concern:
We are responding to your August 1 email asking for the status of your record request to the District Attorney dated July 4. Please be advised that the District Attorney will be responding to your request directly and any questions regarding the status of the response should be directed to that office.
Sincerely,
Roger S. Wilson
Chief Deputy County Counsel
25 County Center Drive, Suite 210
Oroville, CA 95965-3380
Phone: (530) 552-4070
Fax: (530) 538-6891
Email: rwilson@buttecounty.net<mailto:rwilson@buttecounty.net>
CONFIDENTIAL ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE
CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email (rwilson@buttecounty.net<mailto:rwilson@buttecounty.net>), fax (530) 538-6891, or telephone (530) 552-4070, that you mistakenly received this message. Thank you.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following California Public Records Act request, copied below, and originally submitted on July 4, 2019. You had previously indicated that it would be completed on Aug. 1, 2019. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Butte County District Attorney
To Whom It May Concern:
The attached response was sent by the District Attorney’s Office on July 17.
Sincerely,
Roger S. Wilson
Chief Deputy County Counsel
25 County Center Drive, Suite 210
Oroville, CA 95965-3380
Phone: (530) 552-4070
Fax: (530) 538-6891
Email: rwilson@buttecounty.net<mailto:rwilson@buttecounty.net>
CONFIDENTIAL ATTORNEY CLIENT/WORK PRODUCT PRIVILEGE
CONFIDENTIALITY NOTICE: This email transmission, and any documents or messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, then you are (1) notified that any disclosure, copying, distribution, saving, reading or use of this information is strictly prohibited, (2) requested to discard and delete this email and any attachments, and (3) requested to immediately notify us by email (rwilson@buttecounty.net<mailto:rwilson@buttecounty.net>), fax (530) 538-6891, or telephone (530) 552-4070, that you mistakenly received this message. Thank you.
Files
pages