Brady List (Alameda County)
| Submitted | July 4, 2019 |
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Communications
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.
Sincerely,
Dan Rubins
From: Alameda County District Attorney
Good afternoon,
Please find the attached letter.
Warmly,
Custodian of Records Unit
Alameda County District Attorney's Office
1225 Fallon St. Suite 900
Oakland, CA 94612
Phone (510) 272-6222
Fax (510) 271-5157
From: Dan Rubins
Thank you so much for the prompt and detailed reply. We'll seek additional records from police agencies if necessary. I also look forward to receiving any records your office is able to produce.
Sincerely,
Dan Rubins
From: Alameda County District Attorney
A first set of responsive documents from the agency, with more to be sent at a specified date.
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 July 4, 2019. You had previously indicated that it would be completed on July 31, 2019. 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: Alameda County District Attorney
Good morning,
Please see attached letter.
Warmly,
Custodian of Records Unit
Alameda County District Attorney’s Office
1225 Fallon St. Suite 900
Oakland, CA 94612
Phone (510) 272-6222
Fax (510) 271-5157
From: Alameda County District Attorney
A copy of documents responsive to the request.
From: Beryl Lipton
Hi there,
Thanks so much for providing the cd of responsive materials. Unfortunately, one of the file, labeled "Ryan Walterhouse," was corrupted and we weren't able to open it. Would you please be able to provide it again? It may be possible to use the upload link at the bottom of this email.
Please let us know if you have any questions for us.
Thanks so much,
Beryl, MuckRock
From: Alameda County District Attorney
Good morning,
Thank you for your email. Unfortunately, the file is too large to send by email. We will place a CD with the “Ryan Walterhouse” file in our outgoing mail today.
Thank you for your patience.
Warmly,
Custodian of Records Unit
Alameda County District Attorney’s Office
1225 Fallon St. Suite 900
Oakland, CA 94612
Phone (510) 272-6222
Fax (510) 271-5157
From: Alameda County District Attorney
A copy of documents responsive to the request.
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76635.zip
Files
pages