Brady List (Sonoma County)
Submitted | July 4, 2019 |
Est. Completion | None |
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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: Sonoma County District Attorney
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From: Sonoma County District Attorney
Good Morning Mr. Rubins,
Attached you will the find the Sonoma County District Attorney response to your Public Records Request.
Please let me know if I can be of further assistance.
Thank you,
Bill Brockley
William J. Brockley
Assistant District Attorney
County of Sonoma
600 Administration Drive, Rm 212-J
Santa Rosa, CA 95403
(707) 565.2311
This e-mail and any accompanying attachments may contain confidential information which is legally privileged and is intended only for the sole use of the intended recipient. If you are not this intended recipient you are hereby notified that any disclosure, copying, distribution, or use of any of the information contained in this transmission is strictly PROHIBITED. If you have received this transmission in error, please immediately notify us by e-mail.
From: Dan Rubins
Mr. Brockley,
Thanks so much for your prompt and detailed response. I'll request the records from the local police agencies that maintain the records.
Sincerely,
Dan Rubins
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