Brady List (Placer County) (Placer County District Attorney)

Jonathan Regent Tyrell filed this request with the Placer County District Attorney of Roseville, CA.
Multi Request Brady List (Placer County)
Est. Completion None
Status
Fix Required

Communications

From: Jonathan Regent Tyrell


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,

Jonathan Regent Tyrell

From: Placer County District Attorney

Good Morning Mr. Tyrell,

This office has received your public information act request seeking “Brady List” materials. We are in the process of reviewing the legal basis for your request as well as reviewing any materials in our possession that are properly disclosable. Once our review of your PRA request is completed, we will notify you as to how to obtain any responsive materials.

Thank you in advance for your patience.

From: Placer County District Attorney

Mr. Tyrell,

Please find our response to your California Public Records Act Request and corresponding attachment re: Brady List (Placer County District Attorney).

Thank you,
Shawna L. Harris
Placer County Counsel's Office
175 Fulweiler Avenue
Auburn, California 95603
Tel: (530) 889-4044
Fax: (530) 889-4069

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From: Jonathan Regent Tyrell

Dear Ms. Harris,

It looks as though I received the wrong document. What is attached to Placer County's response is a preliminary hearing transcript (People v. Brian Craig Mason). This is not the Brady List that I request. I assume that your office can correct this oversight?

From: Placer County District Attorney

[CONFIDENTIAL ATTORNEY/CLIENT DOCUMENT - DO NOT PLACE IN PUBLIC FILE]
We are presently working remotely due to COVID, please contact me via e-mail or County Cell at 530-537-4534

Good Morning,

Brady Lists are exempt from production as indicated in the written response. In viewing your request in the most expansive light, the DA’s Office viewed the transcript as responsive. Please disregard this document if it goes beyond the intended call of your request.

Thanks,

Julia M. Reeves
Deputy County Counsel
Office of Placer County Counsel
175 Fulweiler Avenue
Auburn, CA 95603
530-889-4044 office
530-537-4534 cell

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