Request #20-2762
  Closed

I request the release of records under the California Public Records Act, Gov’t Code §§ 6250 et seq., California Penal Code §§832.7-832.8, and Art. I, § 3(b) of the California Constitution. I seek copies of all records in your office’s possession, regardless of who created them. Please provide all records in your agency’s possession. 

I seek a copy of a video that was obtained from the investigation into the shooting of Demond Hicks and the Laish Green on December 7, 1996. Specifically, we believe that the Los Angeles Police Department is in possession of a surveillance video from Kaiser Permanente, West Los Angeles Medical Center at 6041 Cadillac Ave., Los Angeles, CA 90034. This investigation resulted in the arrest and conviction of Donte Patterson. 

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 [REDACTED]. Otherwise, please mail your response to: [REDACTED]. Because my client, Donte Patterson, is indigent, 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 $100, 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.

 


Received

May 5, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

(loading...)

Staff

Point of Contact

LAPD Analyst Tuan N6658

Request Published Public
May 8, 2020, 1:59pm
Request Closed   Hide Public

Dear Requester:

 

We reviewed your request for video evidence concerning a 1996 incident.

 

Your request was made under the California Public Records Act (the Act).  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 exempts from disclosure records that are privileged or confidential or otherwise exempt under either express provisions of the Act or pursuant to applicable federal or state law, per California Government Code Sections 6254(b); 6254(c); 6254(f); 6254(k); and 6255.

 

In accordance with Section 6254(f) of the California Government Code, records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes, are exempt from disclosure.  The records you seek, including video evidence, are investigative records or properly part of an investigatory file; therefore, we are denying your request.  Should any records be located, they may be available in response to a subpoena or court order.

 

If you have any questions, please respond to this email.

 

Respectfully,

 

LAPD Discovery Section, CPRA Unit

May 8, 2020, 1:59pm
Department Assignment Public
Police Department (LAPD)
May 5, 2020, 8:43am
Request Opened Public
Request received via web
May 5, 2020, 8:43am