Request #20-1040
  Open

ERIKA ANZOATEGUI

LOS ANGELES ALTERNATE PUBLIC DEFENDER

210 W. Temple St., Ste. 18-709

Los Angeles, CA 90012

[REDACTED 3/17/20]

 

Ernest B. Hinman, State Bar No. 268048

Attorney for Defendant, Carensa Spencer

 

 

            PLEASE TAKE NOTICE: Ms. Spencer is requesting public records under Penal Code section 832.7(b) as to the officers specified below:

  • Mejia 27423
  • Galvez 37964
  • Pacheco 38464
  • Mann 40912
  • Detective Trejo 34438
  • Detective Penson 30488

 

 

RECORDS REQUEST

 

            I represent Carensa Spencer in criminal case BA482637-01. 

Under Penal Code section 832.7, subdivision (b) records that used to be confidential are no longer confidential:

(b)(1) Notwithstanding subdivision (a), subdivision (f) of Section 6254 of the Government Code, or any other law, the following peace officer or custodial officer personnel records and records maintained by any state or local agency shall not be confidential and shall be made available for public inspection pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code):

(A) A record relating to the report, investigation, or findings of any of the following:

(i) An incident involving the discharge of a firearm at a person by a peace officer or custodial officer.

(ii) An incident in which the use of force by a peace officer or custodial officer against a person resulted in death, or in great bodily injury.

(B)(i) Any record relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in sexual assault involving a member of the public.

(ii) As used in this subparagraph, “sexual assault” means the commission or attempted initiation of a sexual act with a member of the public by means of force, threat, coercion, extortion, offer of leniency or other official favor, or under the color of authority. For purposes of this definition, the propositioning for or commission of any sexual act while on duty is considered a sexual assault.

(iii) As used in this subparagraph, “member of the public” means any person not employed by the officer's employing agency and includes any participant in a cadet, explorer, or other youth program affiliated with the agency.

(C) 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.

(2) Records that shall be released pursuant to this subdivision include all investigative reports; photographic, audio, and video evidence; transcripts or recordings of interviews; autopsy reports; all materials compiled and presented for review to the district attorney or to any person or body charged with determining whether to file criminal charges against an officer in connection with an incident, or whether the officer's action was consistent with law and agency policy for purposes of discipline or administrative action, or what discipline to impose or corrective action to take; documents setting forth findings or recommended findings; and copies of disciplinary records relating to the incident, including any letters of intent to impose discipline, any documents reflecting modifications of discipline due to the Skelly or grievance process, and letters indicating final imposition of discipline or other documentation reflecting implementation of corrective action.

(3) A record from a separate and prior investigation or assessment of a separate incident shall not be released unless it is independently subject to disclosure pursuant to this subdivision.

(4) If an investigation or incident involves multiple officers, information about allegations of misconduct by, or the analysis or disposition of an investigation of, an officer shall not be released pursuant to subparagraph (B) or (C) of paragraph (1), unless it relates to a sustained finding against that officer. However, factual information about that action of an officer during an incident, or the statements of an officer about an incident, shall be released if they are relevant to a sustained finding against another officer that is subject to release pursuant to subparagraph (B) or (C) of paragraph (1).

Ms. Spencer requests all records covered under 832.7(b) pertaining to:

  • Mejia 27423
  • Galvez 37964
  • Pacheco 38464
  • Mann 40912
  • Detective Trejo 34438
  • Detective Penson 30488

Please respond to this request in ten days, either by providing the requested information or providing a written response setting forth the specific legal authority on which you rely in failing to disclose each requested record, or by specifying a date in the near future to respond to the request. See Cal. Gov’t Code § 6255. Pursuant to section 6253, please disclose all reasonably segregable non-exempt information from any portions of records you claim are exempt from disclosure.

If any records requested above are available in electronic format, please provide them in an electronic format, as provided in Govt. Code § 6253.9. To assist with the prompt release of responsive material, we ask that you make records available to us as you locate them, rather than waiting until all responsive records have been collected and copied.   

Please send any documents in electronic format to ehinman@apd.lacounty.gov.  Otherwise, please mail your response to:

Ernest B. Hinman

Office of the Alternate Public Defender

210 W. Temple St., Ste. 18-709

Los Angeles, CA 90012

Because I am an attorney of a government office, representing an individual in an incident involving the listed officers, I request that you waive any fees. North Cty. Parents Ass’n v. Dep’t of Ed., 23 Cal. App. 4th 144, 148 (1994); Cal. Gov. Code §6253(e).  However, should you be unable to do so, I will reimburse your agency for the “direct costs” of copying these records plus postage. If you anticipate these costs to exceed $10.00, please notify me prior to making the copies.     

Thank you in advance for providing the records we have requested. Please do not hesitate to contact me with any questions regarding this letter.

           

Dated: February 12, 2020                                                      

 

Respectfully Submitted,

ERIAK ANZOATEGUI

Alternate Public Defender

By: Ernest B. Hinman

Deputy Alternate Public Defender


Received

February 12, 2020 via web


Departments

Police Department (LAPD)

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Public

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Staff

Point of Contact

LAPD Analyst Jackie N3375

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Dear Requester:

 

This is a follow-up to our response dated March 9, 2020.  Your request was submitted to the Los Angeles Police Department (“LAPD” or “Department”) under the California Public Records Act (Cal. Govt. Code section 6250, et seq., hereinafter the “CPRA” or “Act”) seeking records for the Officers listed below, pursuant to Penal Code Section 832.7 (as amended by SB1421 effective January 1, 2019):

 

Mejia 27423n 

Galvez 37964

Pacheco 38464

Mann 40912

Trejo 34438

Penson 30488

 

The Department is cognizant of its responsibilities under the Act.  It recognizes the statutory scheme was enacted to maximize citizen access to the workings of government.  The Act does not mandate disclosure of all documents within the government’s possession.  Rather, by specific exemption and reference to other statutes, the Act recognizes that there are boundaries where the public’s right to access must be balanced against such weighty considerations as the right of privacy, a right of constitutional dimension under California Constitution, Article 1, Section 1.  The law also allows for nondisclosure of records that are otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(a); 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

The Department also recognizes that Penal Code Section 832.7 – which generally makes all peace officer personnel records confidential and undisclosable – was amended on January 1, 2019, by Senate Bill 1421 to create an exception from that general confidentiality requirement for the following four categories of officer personnel and investigatory records:  records relating to the report, investigation, or findings of (i) an incident regarding an officer-involved shooting; (ii) an incident involving the use of force by an officer resulting in death or great bodily injury; (iii) an incident involving a sustained finding of sexual assault by an officer involving a member of the public; and (iv) an incident involving a sustained finding of dishonesty by an officer directly related to the reporting, investigation, or prosecution of a crime or of the investigation of misconduct by another officer.  Pen. Code § 832.7(b)(1)(A)-(C).

 

The Department is still conducting a search for records responsive to your request relating to sexual assault or dishonesty for the following Officers:

 

Mejia 27423

Galvez 37964

Pacheco 38464

Mann 40912

Trejo 34438

Penson 30488

 

The Department has conducted a search and found no responsive records relating to disciplinary actions for the identified use-of-force incidents listed below:

 

F063-14, GBI, 10/30/2014,  Officer Mann, M. Serial No. 40912

F059-15, GBI, 07/15/2015,  Officer Mejia, G. Serial No. 27423

F059-15, GBI, 07/15/2015,  Officer Trejo, J. Serial No. 34438

 

The following records were identified as responsive, related to disciplinary records for Use of Force with Great Bodily Injury and Officer Involved Shooting:

 

CF 16-001576: F059-15, GBI, 07/15/2015,  Officer Galvez, J. Serial No. 37964

CF 15-000592 F016-15,OIS, 2/23/2015, Officer Penson Serial No. 30488

 

The Department is still conducting a search for disclosable disciplinary records pertaining to the incidents listed below:

 

F060-96, OIS, 07/01/1996,  Officer Penson, T. Serial No. 30488

F038-08, OIS, 04/16/2008,  Officer Penson, T. Serial No. 30488

F017-09, OIS, 03/12/2009,  Officer Galvez, J. Serial No. 37964

 

Please note that, pursuant to Penal Code Section 832.7(b)(5), the Department is required to redact disclosable records for several enumerated purposes, including to remove personal data or information; to protect the anonymity of complainants and witnesses; to protect confidential medical, financial, or other similar information; and where disclosure of the record would pose a significant danger to the physical safety of the subject officer or other persons.  Furthermore, for electronic records, the CPRA provides that the cost to perform such redactions “shall” be borne by the requestor.  See Govt. Code 6253.9(b)(2) (providing that a person requesting electronic records under the CPRA “shall bear the cost of producing a copy” of such records where data compilation, extraction, or programming is required to produce the record); National Lawyers Guild v. City of Hayward, 27 Cal. App. 5th 937 (2018) (holding that a public agency was entitled under Section 6253.9 to charge a requester for costs it incurred to edit and redact nondisclosable material from police body camera videos). 

 

At this time, the Department is still in the process of identifying all possible records responsive to your request.  Should audio/video materials be located and you would like a copy, the Department will then provide you with an estimate of time that will be required for an employee to complete the redactions/or programming with a cost rate of the person(s) who will be completing the work for a total cost estimate.  Upon receipt of payment, the Department will begin performing the required redactions in order to produce the responsive records. 

 

In regard to the above records we have identified responsive to your request, due to the large number of requests for similar records the Department is processing pursuant to the above criteria, we are currently unable to provide you with an estimated date records responsive to your request will be available.  However, we will continue to provide you with updates on any future developments regarding your request, including when the records are available.  Thank you again for your patience and understanding. 

 

We invite you to visit our SB1421 web page, where you will find similar requested records related to officer involved shootings, uses of force with great bodily injury, sustained complaints of sexual assault, and sustained complaints of dishonesty published on our web page.  The Department uploads documents on a weekly basis when documents become available.  Please see link below.

 

http://www.lapdonline.org/lapdsb1421

 

If you have any questions or concerns, please responds to this email.

 

 

 

Respectfully,

 

LAPD Legal Affairs Division, CPRA Unit

 

March 18, 2020, 3:08pm by LAPD Analyst Jackie N3375 (Staff)
Due Date Changed Public
07/09/2020 (was 03/09/2020). Reviewed the request and noted that IAG still has a task pending (verifying records); as a result the due date was extended.
March 9, 2020, 8:58am
Due Date Changed Public
03/09/2020 (was 02/24/2020).
February 13, 2020, 11:30am
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Dear Requester:

I have reviewed your California Public Records Act request. 

Please be advised that, pursuant to California Government Code Section 6253(c), I have found that “unusual circumstances” exist with respect to the request due to the need to search for, collect, and review the requested records from other Department entities which are separate from the office processing the request.  Therefore, my staff will require the statutory fourteen days extension of time in which to respond.  A determination concerning your request will be made as soon as possible.

If you have any questions regarding this correspondence, simply respond to this email. 

Respectfully,

LAPD Discovery Section CPRA Unit

February 13, 2020, 11:29am by LAPD Analyst Jackie N3375 (Staff)
Request Published Public
February 13, 2020, 11:26am
Department Assignment Public
Police Department (LAPD)
February 12, 2020, 11:41am
Request Opened Public
Request received via web
February 12, 2020, 11:41am