Brady List (San Luis Obispo 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: San Luis Obispo County District Attorney
A fix is required to perfect the request.
From: San Luis Obispo County District Attorney
Good afternoon,
Please see the attached response to your Public Records Act Request.
Best,
[cid:image002.png@01D53801.DCB99410]
Gary Harper | Legal Clerk | County of San Luis Obispo
1055 Monterey Street, Suite D320 | San Luis Obispo, CA 93408
Tel: (805) 781-5400 | Fax: (805) 781-4221 | Email: gharper@co.slo.ca.us
The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system.
-
image002
From: San Luis Obispo County District Attorney
A fix is required to perfect the request.
From: Dan Rubins
Mr. Harper,
Thanks for your prompt acknowledgment. For now, we are only seeking the names of officers on Brady lists. We intend to request detailed disciplinary records from police agencies at a later time, if needed.
Sincerely,
Dan Rubins
From: San Luis Obispo County District Attorney
Mr. Rubins
I trust all is well. Please find attached our letter responsive to you PRA request dated July 4, 2019 requesting our Brady/Giglio or similarly compiled list and associated information.
Best regards,
Eric J. Dobroth
Assistant District Attorney
County of San Luis Obispo
(d) 805-781-5819
(f) 805-781-4307
edobroth@co.slo.ca.us<mailto:edobroth@co.slo.ca.us>
Bringing justice and safety to our community by aggressively and fairly prosecuting crime and protecting the rights of crime victims.
[DA Seal High Res]
DISCLAIMER:
This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s) and no privileges are waived by virtue of mistaken transmission of this email. Unauthorized reception, interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.
-
image001
From: San Luis Obispo County District Attorney
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
From: San Luis Obispo County District Attorney
Mr. Rubins,
Please see attached response to your Public Records Act request.
Best regards,
[cid:image003.png@01D25BAB.962A3750]
Rebecca Forcier | Legal Clerk | County Counsel | County of San Luis Obispo
1055 Monterey Street, Suite D320 | San Luis Obispo, CA 93408
Tel: (805) 781-5416 | Fax: (805) 781-4221 | Email: rforcier@co.slo.ca.us<mailto:rforcier@co.slo.ca.us>
The information contained in this e-mail, including any attachments, may be privileged, confidential, and/or exempt under applicable law, and covered by the Electronic Communications Privacy Act, 18 U.S.C. sections 2510-2521. This email is intended only for the use of the individual(s) or entity to which it is addressed and the privileges and exemptions are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail or any other reader of the e-mail is not a named recipient or the employee or agent responsible to deliver it to a named recipient, any use, dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error and/or are not the intended recipient, do not read, distribute or reproduce this transmission. Please contact the sender of this email at the above e-mail address and permanently delete the message and any attachments from your system.
-
image001
Files
pages