We reviewed your request for materials related to the investigation and arrest of Anthony Leroy Berkhalter in the year 1985.
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 and 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 the California Government Code, Section 6254(f), records of investigations conducted by, or investigatory files compiled by, any local police agency for law enforcement purposes are exempt from disclosure. To the extent that records were located, they are either investigatory records themselves or properly part of an investigative file. Therefore, we are denying your request. The records may be provided pursuant to a subpoena or court order related to pending litigation.
Should any records be located, to the extent the information is recorded, the time, date, and location of occurrence, the time and date of the report, the name and age of the victim, and a brief statement of the circumstances can be made available to you upon request.
However, please be advised that based on the information provided we are unable to locate any responsive records. An online search for information (see https://www.latimes.com/archives/la-xpm-1985-10-03-hl-927-story.html) indicated that there was a 1985 incident involving Berkhalter that occurred in Whittier, California, and was investigated by the Whittier Police Department. Please contact that agency for further information.
If you have any questions, please respond to this email.
LAPD Discovery Section, CPRA Unit