Request #20-379
  Closed

This is a formal request to obtain access to records held by the Los Angeles Police Department for the purpose of inspecting and copying, pursuant to the pursuant to the California Public Records Act, Government Code Section 6250 et sq.

 Specifically, I am seeking:

  • Any and all records relating to Antonio, aka Anthony Cornero aka Stralla. Cornero was the subject of multiple law enforcement actions, especially from circa 1925 throπugh 1955. He died in 1955 and left no heirs.
  • These records should include but not be restricted to investigations, arrests, court documents, images, internal memorandum, and any other documentary material.

 If you have reason to believe these records are exempt from disclosure by express provisions of the law, Government Code 6250 explicitly requires segregation and deletion of that material in order that the remainder of the data will be released.

Moreover, if you have grounds clearly demonstrating an express provision of law exists to exempt from disclosure all or a portion of the material requested, state law also requires clear written notification for the reasons made by the agency, with explicit reference to language and code in the CPRA’s list of exemptions.

Finally, if you plan to charge for any expense incurred in complying with this request, please notify me in advance.

 I look forward to your response within 10 working days, as required by law.

 Thank you in advance for your time and trouble.

-- rdw


Received

January 16, 2020 via web


Departments

Police Department (LAPD)

Documents

Public

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Staff

Point of Contact

LAPD Sr Analyst Alexis N1685

Request Published Public
January 17, 2020, 12:04pm
Request Closed   Hide Public

Dear Requester: 

 

We reviewed your request for copies of the Los Angeles Police Department’s "records relating to Antonio, aka Anthony Cornero aka Stralla. Cornero was the subject of multiple law enforcement actions, especially from circa 1925 throπugh 1955. He died in 1955 and left no heirs." (sic) 

 

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.

 

Your request is denied.  The release of criminal history information is governed by Penal Code Section 11105, which lists specific parties who are authorized to receive such information.  It does not appear that you are an authorized party.  Additionally, please be advised that criminal history records are maintained by the State of California Department of Justice.  Their email address is recordreview@doj.ca.gov.  Furthermore, 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. 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, we will need further identifying information in order to conduct a proper search for records, such as Date of Birth, incident dates, and description of the incident.  Furthermore, please be advised that owing to the age of the records, the Department may not be able to locate any records without specific crime, arrest, or incident numbers.

 

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

 

Respectfully,

 

LAPD Discovery Section, CPRA Unit

January 17, 2020, 7:06am
Department Assignment Public
Police Department (LAPD)
January 16, 2020, 1:57pm
Request Opened Public
Request received via web
January 16, 2020, 1:57pm