San Rafael PD

Frank Robinson filed this request with the San Rafael Police Department of San Rafael, CA.
Tracking #

MR 159613

Due March 11, 2024
Est. Completion None
Status
Awaiting Response

Communications

From: Frank Robinson

To Whom It May Concern:

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

All documentation is available on VanessaHolton.com

I am asking for a full and correct FOIA disclosure for #SR-20-07929 from the San Rafael Police Dept., with as unredacted a copy of the report filed by Vanessa Holton as allowed.

I am also asking for four (4) audio recordings between my cellphone (818) 310-5073 and the San Rafael PD. The two with Officer Bellamy, the one with Lt. Bishop, and the one in January of 2023.

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,

Frank Robinson

From:

Mr. Robinson,

Please see the attached response for your request dated March 1, 2024.

Thank you,

Alexis

Alexis Nielsen
Support Services Supervisor
Custodian of Records
San Rafael Police Department
1375 Fifth Ave. | San Rafael CA, 94901
Tel. (415) 485-3000 | Fax (415) 485-3043 | Desk (415) 485-3088
507@srpd.org<mailto:507@srpd.org>
Facebook<https://www.facebook.com/sanrafaelpolice/> | Twitter<https://twitter.com/SanRafaelPolice?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> | Instagram<https://www.instagram.com/sanrafaelpolice/?hl=en> | Nextdoor<https://nextdoor.com/agency-detail/ca/san-rafael/san-rafael-police-department/> | Nixle<https://nixle.com/san-rafael-police-department>
[cid:image001.jpg@01DA7179.C094F520]

From: San Rafael Police Department

Good morning,

Please see the attached response that was sent on Friday, March 8.

Thank you,

Alexis

Alexis Nielsen
Support Services Supervisor
Custodian of Records
San Rafael Police Department
1375 Fifth Ave. | San Rafael CA, 94901
Tel. (415) 485-3000 | Fax (415) 485-3043 | Desk (415) 485-3088
507@srpd.org<mailto:507@srpd.org>
Facebook<https://www.facebook.com/sanrafaelpolice/> | Twitter<https://twitter.com/SanRafaelPolice?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> | Instagram<https://www.instagram.com/sanrafaelpolice/?hl=en> | Nextdoor<https://nextdoor.com/agency-detail/ca/san-rafael/san-rafael-police-department/> | Nixle<https://nixle.com/san-rafael-police-department>
[cid:image001.jpg@01DA7394.01420970]

From: Frank Robinson

Ms. Nielsen,

Your response is appealed. As you can see from the attachment Charles Taylor did send me a FOIA, except he did omit the victim's name.

The alleged criminal conduct: A website was created to harass and defame the victim.

As Per California Code, Government Code - GOV § 7923.615

(a)(1) Notwithstanding any other provision of this article, a state or local law enforcement agency shall make public the information described in paragraph (2), except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation.

(2) Subject to the restrictions imposed by Section 841.5 of the Penal Code, paragraph (1) applies to the time, substance, and location of all complaints or requests for assistance received by the agency and the time and nature of the response thereto, including, to the extent the information regarding crimes alleged or committed or any other incident investigated is recorded:

(A) The time, date, and location of occurrence.

(B) The time and date of the report.

(C) The name and age of the victim.

(D) The factual circumstances surrounding the crime or incident.

(E) A general description of any injuries, property, or weapons involved.

(b)(1) The name of a victim of any crime defined by Section 220, 261, 261.5, 262, 264, 264.1, 265, 266, 266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5, 285, 286, 287, 288, 288.2, 288.3, 288.4, 288.5, 288.7, 289, 422.6, 422.7, 422.75, 646.9, or 647.6 of, or former Section 288a of, the Penal Code may be withheld at the victim's request, or at the request of the victim's parent or guardian if the victim is a minor.

Unless you can identify which of the above criminal statutes was alleged, especially as all the above involve criminal sexual misconduct, I ask that you comply with Government Code - GOV § 7923.615 and the include the victim's name.

Rev. Frank Robinson

From: San Rafael Police Department

Mr. Robinson,

Please see the attached response for your request dated 03/11/2024.

Thank you,

Alexis

Alexis Nielsen
Support Services Supervisor
Custodian of Records
San Rafael Police Department
1375 Fifth Ave. | San Rafael CA, 94901
Tel. (415) 485-3000 | Fax (415) 485-3043 | Desk (415) 485-3088
507@srpd.org<mailto:507@srpd.org>
Facebook<https://www.facebook.com/sanrafaelpolice/> | Twitter<https://twitter.com/SanRafaelPolice?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor> | Instagram<https://www.instagram.com/sanrafaelpolice/?hl=en> | Nextdoor<https://nextdoor.com/agency-detail/ca/san-rafael/san-rafael-police-department/> | Nixle<https://nixle.com/san-rafael-police-department>
[cid:image001.jpg@01DA7C36.F61A5510]

From: Frank Robinson

Ms. Nielsen,

The "alleged" victim's name is Vanessa Holton as proven by the two phone calls left by Officer Bellamy and the fact that the web site I built is vanessaholton.com. You can listen to them if you have any questions.

(a)(1) Notwithstanding any other provision of this article, a state or local law enforcement agency shall make public the information described in paragraph (2), except to the extent that disclosure of a particular item of information would endanger the safety of a person involved in an investigation or would endanger the successful completion of the investigation or a related investigation.

Vanessa Holton is in no danger from me if her name is listed as the victim, I already know who filed the complaint. Besides the two voice mails, I spoke with Officer Bellamy twice and Lt. Bishop. Each clearly stated it was Vanessa Holton who filed the report as the General Counsel of the State Bar of California.

As Charly Taylor stated my "alleged" offense was building a website to harass and defame her. He also indicated that the complaint was closed without referral.

As you have not provided any proper legal reasoning for withholding her name, I again ask that you comply with section (a)(1) and list her name as the alleged victim. Failure to include her name can infer my alleged offense was of a sexual nature.

Reverend Frank Robinson

From: Frank Robinson

As a follow up - As Per California Code, Government Code - GOV § 7923.615 are you specifying in (a)(1) that

1. Do you believe adding Vanessa Holton's name to the FOIA would endanger her? There has never been a report of any threats. Do you have any good faith basis to believe her safety would be threatened if her name was added as required by law?

2. Are you saying the investigation is still on-going? Charly Taylor said the report was closed without referral.

3. Otherwise your lack of compliance indicates there was some sexual nature to the complaint.

Files

pages

Close