Brady List (Yolo County)

Dan Rubins filed this request with the Yolo County District Attorney of Woodland, CA.


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.


Dan Rubins

From: Yolo County District Attorney

Dear Mr. Rubins,

I write on behalf of the Yolo County District Attorney’s Office (“D.A.’s Office”) in response to your July 4, 2019 Public Records Act Request.

Your request is based on Penal Code § 832.7(b)(1)(C) and seeks 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).” The D.A.’s Office does not have documents subject to Penal Code § 832.7(b)(1)(C) because the D.A.’s Office rarely, if ever, is notified of a law enforcement agency’s “sustained finding.” Documents relating to such incidents, to the extent they exist, would be available with the law enforcement agencies.

In addition, the lists you reference are exempt from disclosure under the Public Records Act pursuant to the following exemptions:

• Personnel records (GC 6254(c))
• Investigatory records (GC 6254(f))
• Official information (EC 1040 and 1042)
• Prosecutor’s work product (CCP 2018.030 and PC 1054.6)
• Deliberative process (GC 6255)

Please let me know if there is anything else I can assist you with.

Eric May

Eric May
Senior Deputy County Counsel, County of Yolo
625 Court Street, Room 201 | Woodland, CA 95695
Direct: (530) 666-8278 | Main: (530) 666-8172
Fax: (530) 666-8279 |<>


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