CPRA Vehicle Data
| Submitted | Feb. 22, 2024 |
| Est. Completion | March 11, 2024 |
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Communications
From: Anonymous Anon
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
I am writing to request records pursuant to the California Public Records Act (California Government Code, section 6250 et seq. (“CPRA”)), and article 1, section 3, subdivision (b)(2) of the California Constitution. We request the records identified below which are in the possession or control of the District Attorney’s Office for Contra Costa County.
1. The number of criminal complaints filed between January 1, 2015, through January 1, 2024, that included at least one MISDEMEANOR charge for violations of California Penal Code sections 192, subdivision (c)(1) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
2. The number of criminal complaints and indictments filed between January 1, 2015, through January 1, 2024, that included at least one FELONY charge for violations of California Penal Code sections 192, subdivision (c)(1) with a breakdown of the Race, Ethnicity, and/or National Origin of the charged defendant.
3. A list of every case in which a complaint or indictment was filed between January 1, 2015, and January 1, 2024, alleging one or more violations of Penal Code sections 192, subdivision (c)(1) (vehicular manslaughter with gross negligence). Please include the police agency, superior court case number, all charges alleged, whether the filed charge(s) was a misdemeanor or felony, all enhancements alleged, the race of the defendant, the ethnicity of the defendant, the age of the defendant, the gender of the defendant, and the disposition and sentence in the case. The names of the defendants is not being sought.
4. A list of every referral the District Attorney’s Office received from law enforcement between January 1, 2015, and January 1, 2024, for a violation of Penal Code section 192, subdivision (c)(1) (vehicular manslaughter with gross negligence) as either a felony or a misdemeanor. Please include the agency who made the referral; the police agency’s referred charges, including whether the referral was for misdemeanor of felony charge(s); the race or ethnicity of the individual referred for charging; the age of the individual referred for charging; the gender of the individual referred for charging; and the District Attorney’s Office’s charging decision. If the District Attorney’s Office filed charges in response to the referral, please also provide the case number and the specific charges filed. The names of the individuals referred for charging are not being sought.
As you may know, the California Public Records Act applies to all documents in the agency's possession, regardless of who authored them, and obliges you to respond to this request within 10 days if you can make a determination without having to review the records in question. In accordance with section 7922.000 of the California Public Records Act, if you claim that any portion of any record is exempt, please redact that portion of the record that you believe is exempt and provide both the statutory citation to any exemption you believe is applicable and the specific reasons for your conclusion that the redacted portion of the record is exempt from disclosure and produce the remainder of the record(s). If you claim that any of the requested records are not a public record, or you claim a privilege not to disclose any record, please respond by identifying any such records and explaining your claim that it is not a public record or why it is privileged or confidential or otherwise exempt, in accordance with section 7922.000. Please produce all records for which you do not claim an exemption or privilege. The California Public Records Act requires determination of whether these records may be disclosed, and specific reasons why any material requested, or portions thereof, are exempt from disclosure, within ten days from receipt of this request. See Cal. Gov’t Code section 7922.535. It also requires that you notify us of this determination and of the estimated date and time when the records will be produced. See id.
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,
Anonymous Anon
From:
Hello,
We received your public records request dated February 22, 2024, directed at the County of Santa Clara District's Attorney's Office, consisting of four sub-parts. My office has been designated by the County to coordinate public records responses.
The body of your request indicates that you are seeking "records. . . which are in the possession or control of the District Attorney's Office for Contra Costa County." We assume this was a typographical error, and that your request seeks records in the possession of the District Attorney's Office for the County of Santa Clara, but wanted to confirm before we began searching for records.
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Hilary Kerrigan | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5925 Mobile: (669)250-8176
Hilary.Kerrigan@cco.sccgov.org<mailto:Hilary.Kerrigan@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
Pronouns: she/her/hers
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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From: Santa Clara County Office of the District Attorney
Hello,
We have not received a response to the inquiry, below, seeking information that is critical to our ability to search for and produce the requested records. If we don't hear from you by Monday, March 11, 2024, we will consider this request closed.
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Hilary Kerrigan | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5925 Mobile: (669)250-8176
Hilary.Kerrigan@cco.sccgov.org<mailto:Hilary.Kerrigan@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
Pronouns: she/her/hers
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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From: Anonymous Anon
Good Afternoon,
Yes, we are confirming the records sought are records from the Santa Clara County Office of the District Attorney.
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 Feb. 22, 2024. You had previously indicated that it would be completed on March 11, 2024. 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: Santa Clara County Office of the District Attorney
Hello,
Thank you for your email. Preliminarily, I would like to clear up any confusion about timelines. We had requested clarification from you that was necessary before we could begin searching for responsive documents. You provided that clarification on March 11, 2024. At that time, we were able to begin the search process.
The Office of the District Attorney has conducted a diligent search, and there are no existing records responsive to your request. However, responsive documents for some of the items could be generated via a data pull from the case management system. Details of that are as follows:
For request 1, we can run a data search to produce a spreadsheet detailing “criminal complaints filed between January 1, 2015, through January 1, 2024, that included at least one MISDEMEANOR charge for violations of California Penal Code sections 192, subdivision (c)(1)” with a breakdown of each charged defendant’s race. Ethnicity and national origin are not tracked, and can’t be queried.
For request 2, we can run a data search to produce a spreadsheet detailing “criminal complaints and indictments filed between January 1, 2015, through January 1, 2024, that included at least one FELONY charge for violations of California Penal Code sections 192, subdivision (c)(1)” with a breakdown of each charged defendant’s race. Ethnicity and national origin are not tracked, and can’t be queried.
For request 3, we can run a data search to produce a spreadsheet consisting of “A list of every case in which a complaint or indictment was filed between January 1, 2015, and January 1, 2024, alleging one or more violations of Penal Code sections 192, subdivision (c)(1)” along with police agency, other charges alleged, misdemeanor or felony, alleged enhancement, race of defendant, year of birth of the defendant, and gender of defendant. To protect defendant confidentiality, we will not provide superior court case numbers. Ethnicity of the defendant is not tracked. Disposition and sentence are not tracked in a manner that is subject to a database query, so that cannot be provided.
For request 4, we can pull information about how cases were charged as noted above, but cannot pull information about the referring agency’s designation, as that information is not tracked in a manner that can be subject to a data query. For rejected cases, the DA’s office tracks those only by a single identified charge, even where several charges were referred, such that any data pulled will not be an accurate reflection of the information you seek.
To run any of these data pulls will require computer programming and thus there will be a related charge under the CPRA. Please let us know whether you would like a cost estimate for any of the items listed above as available.
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Hilary Kerrigan | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5925 Mobile: (669)250-8176
Hilary.Kerrigan@cco.sccgov.org<mailto:Hilary.Kerrigan@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
Pronouns: she/her/hers
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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From: Santa Clara County Office of the District Attorney
Hello,
I am following up regarding the email chain, below. We haven’t heard back whether you would like a cost estimate for the data identified as subject to query in the case management system. If we don’t hear from you this week, we will consider the request closed.
[cid:image001.png@01DA963F.486537F0]
Hilary Kerrigan | Deputy County Counsel
Office of the County Counsel, County of Santa Clara
70 West Hedding, East Wing, 9th Floor | San José, CA 95110
Office: (408) 299-5925 Mobile: (669)250-8176
Hilary.Kerrigan@cco.sccgov.org<mailto:Hilary.Kerrigan@cco.sccgov.org> | counsel.sccgov.org<https://counsel.sccgov.org/>
Pronouns: she/her/hers
NOTICE TO RECIPIENT: The information in this email is confidential and may be protected by the attorney-client and/or work product privileges. If you received this email in error, any review, use, dissemination, distribution, or copying of it is strictly prohibited. Please notify Administration, Office of the County Counsel, of the error immediately at 408-299-5900 and delete this communication and any attached documents from your system.
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