PRR DA Minors

Ms. Doogan,

The County of Santa Cruz District Attorney's Office ("County") is in receipt of your memo dated January 14, 2023, requesting public records related to Superior Court Docket Numbers for any criminal matters handled by our office in which a defendant was arrested for, or charged with, a violation of California Penal Code §§ 266(h), 266(i), and/or 236.1 between January 1, 2020 and February 28, 2022, in which the victim was a minor, and for each criminal matter identified, any charging documents including affidavits of probable cause, criminal referral documents from the investigating agency, and other documents involving a case narrative. The request was made under the California Public Records Act (the "Requests"). We are responding within the 10-day deadline set out by Govt. Code sec. 6253. We note that the Requests are limited only to records maintained in the normal course of business by the County and records that are in the County's custody and control.

Please note that we will not produce records that are privileged or otherwise exempt from disclosure pursuant to California Government Code section 6254(k). This includes documents protected by the attorney-client privilege, attorney work product, and official information privileges.

No preliminary drafts or memorandum not normally kept in the ordinary course of business will be produced pursuant to California Government Code section 6254(a). Records concerning real estate appraisals for pending acquisitions are also exempt from disclosure under California Government Code section 6254(h).

We will not produce documents that are subject to copyright protections, contain trade secrets, and/or proprietary and/or confidential information. See California Government Code sections 6253.9, 6254(k), 6254.9; California Evidence Code section 1060.

Moreover, we will not produce documents exempt from disclosure under the deliberative process privilege. See Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325. No documents will be produced where "the public interest served by not disclosing the record clearly outweighs the public interest by the disclosure of the record" under California Government Code section 6255.

Additionally, no documents will be produced if they contain personnel, medical, private, confidential, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy under California Government Code section 6254(c) and/or the Health Insurance Portability and Accountability Act of 1996. And, to the extent any of the records you are requesting are the subject of ongoing litigation and/or pending investigations, and/or are law enforcement investigatory records, such records are exempt from production. See Government Code sections 6254 (b), (f).

In addition, no documents or records will be produced to the extent such a production would violate California Penal Code §§ 832.7, 832.8, 11076, California Civil Code § 129, California Welfare and Intuitions Code §§ 827, 828, 831, California Business and Professions Code § 805, or California Evidence Code § 1043.

Furthermore, as we review your Requests, we may discover other applicable privileges and/or exemptions under Government Code sections 6254, 6255, 6256 or other applicable state or federal laws, and we reserve all rights to assert those at any time.

At this time, the County responds as follows: As to part one of your request, Santa Cruz Superior Court Docket Number 21CR05526 involves a criminal matter handled by our office in which the defendant was charged with a violation of California Penal Code §§ 236.1. As to part two of your request, for charging documents including affidavits of probable cause, criminal referral documents, and other documents with a case narrative related to the above referenced matter, these records are exempt from disclosure as law enforcement investigatory records, pursuant to Government Code sections 6254 (b), (f).

Best,
Gami Gutman
Santa Cruz County District Attorney's Office
701 Ocean Street | Room 200 | Santa Cruz | CA 95060
Phone: (831) 454-2400 | Fax: (831) 454-2694
gami.gutman@santacruzcounty.us<mailto:gami.gutman@santacruzcounty.us>
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CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized 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.

Good afternoon Ms. Doogan,

Thank you for your email. I apologize if my previous one was unclear.

Our office has searched our records related to case numbers for the Penal Code sections you listed below: 266h(b)(1), 266h(b)(2), 266i(b)(2), 236.1(c)(1), and 236.1(c)(2) for the time period of 1/1/2020 through 2/28/2022. We were able to locate case 21CR05526, which involved a violation of California Penal Code §§ 236.1. We do not have additional case numbers matching your criteria. I hope this clarifies my earlier response to your request.

Best,

Gami Gutman
Santa Cruz County District Attorney’s Office
701 Ocean Street | Room 200 | Santa Cruz | CA 95060
Phone: (831) 454-2400 | Fax: (831) 454-2694
gami.gutman@santacruzcounty.us<mailto:gami.gutman@santacruzcounty.us>
[seal]

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized 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.