PRA: Autopsy and coroner’s reports

To Whom It May Concern:

Pursuant to the California Public Records Act (Government Code Section 6250 et seq.) ("CPRA”), and all other applicable laws, please disclose the following records.

Any and all autopsy, death investigation, and coroner’s reports relating to the deaths of the following individuals in Santa Clara County:

- ALBERT BUSTAMANTE, 06-05-1985
- MICHAEL CRUZ, 08-19-1988
- WILLIAM GARDNER 10-07-1988
- HERB ULU, 09-14-1991
- SHAHEED DANIELS 07-01-2000
- WILLIAM SMITH 09-25-2001
- BRIAN COLETTI 06-26-2002
- BRIAN ONEAL 08-01-2005
- STEVE SALINAS, 05-25-2007
- RICHARD LUA, 02-11-2009
- JONATHAN WOODARD, 04-01-2011
- JERRY MAGANA, 09-18-2011
- JOHN RUIZ, 08-09-2013
- ADRIAN GAMBOA, 02-17-2013
- GILBERT TINAJERO, 10-13-2013
- TRACEY TRAN, 05-29-2014
- DANIEL AVALOS, 11-18-2015
- STEVEN JUAREZ, 02-25-2018
- JOSEPH LOMBARDO, 01-28-2018

If records pursuant to this request are possessed in machine-readable format such as an .xls, .csv spreadsheet file, please provide the record in this format. Please disclose these records in the format in which they are kept, e.g., .ppt, .pptx, .doc, or .docx.

The fundamental rule of the CPRA is a presumption of public access. “In other words, [A]ll public records are subject to disclosure unless the Legislature has expressly provided to the contrary.” Williams v. Superior Court, 5 Cal. 4th 337 (1993). This presumption finds further support in the California Constitution, as amended by Proposition 59 in 2004. “A statute, court rule, or other authority, including those in effect on the effective date of this subdivision, shall be broadly construed if it furthers the people's right of access, and narrowly construed if it limits the right of access.” Cal. Const. Art. 1 § 3(b)(2).

Please provide a determination on this request within 10 days of your receipt of it. If you determine that any or all of the information qualifies for an exemption from disclosure, please note whether, as is normally the case, the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. If you determine that some but not all of the information is exempt from disclosure and that you intend to withhold it, please redact it for the time being and make the rest available as requested. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any or all of the information is exempt and will not be disclosed.

Please apply a fee waiver to this request. If the request for a fee waiver is denied, please provide notification of any duplication costs exceeding $50 before you duplicate the records. If the request for a fee waiver is denied, please further provide an index of all other requests since 2018 for which a fee waiver was denied, and the reason therefore.

Please respond to this request and disclose the records electronically by email to this MuckRock email address. Please let us know if you have any questions or if we can help ensure this request is the least burdensome possible for your agency while providing a correct and full disclosure in the public interest.

If you have any questions, please do not hesitate to reach out to me via email at ldusault@openvallejo.org, or by phone at (707) 561-2108.

Thank you.

Best,
Laurence Du Sault and Dillon Bergin
Open Vallejo, MuckRock
(707) 561-2108