Request #19-7
  Open

Request for Public Records Regarding Any Incident Involving Sustained Finding of Sexual Assault

I. Request for Records

We understand that this change in the law may result in a significant number of responsive documents and that you may have received a number of requests for similar documents from other requestors.  We have endeavored to tailor our request to a limited selection of the most important documents and most relevant timeframe for incidents.

As set forth below, for purposes Requests 1 through 7, we do not seek all records relating to the underlying incident, but only a limited set of "Decisional Documents" relating to the administrative investigation of the incident.  For purposes of these requests, "Decisional Documents" means all documents reflecting or setting forth:

The Department's decision, prior to any administrative appeal, that an officer's conduct did (or did not) violate the law or agency policy, and any reasons for that decision;

The final investigative report (prior to any administrative appeal) of the Department, or any division of the Department, or any document setting out factual findings of, or recommended factual findings for, the person or body charged with deciding whether the officer's conduct was within policy and/or warranted discipline or other corrective action;

The punishment imposed or corrective action taken as the result of an administrative investigation, including letters of intent to impose discipline or other documents reflecting discipline imposed, changes in rank or assignment, training required, or changes to or examinations of Department policy, training or practice;

A decision on appeal from the Department's factual finding, or the discipline or corrective action imposed, including review by a superior or arbitration, including any statement of reasoning by an appeal body and any revised discipline or correction action imposed, or any documents reflecting modifications of discipline due to the Skelly or grievance process,

Any agreement to resolve an administrative investigation, including any agreement (or lack of agreement) as to the facts of what happened in the incident, or discipline or corrective action to be imposed;

The final investigative report, factual findings, legal conclusions, or recommendations on discipline, policy, procedures or training, by the district attorney, independent civilian oversight body, or outside law enforcement agency brought on to conduct an investigation into an incident;

The final imposition of discipline or implementation of corrective action.

Records Request No 1: All DECISIONAL DOCUMENTS related to the administrative investigation of any use of force by a peace officer employed by the Department that resulted in death, from January 1, 1999 to the present. See Penal Code 832.7(b)(1)(A)(ii)

Records Request No 2: All DECISIONAL DOCUMENTS relating to any incident in which a peace officer employed by the Department was found to have committed an act of dishonesty 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 office or custodial officer, including but not limited to, any sustained finding of perjury, false statements, filing false reports, destruction, falsifying, or concealing of evidence, at any time from Jan 1, 1999, to the present.  See Penal Code 832.7(b)(1)(C).  Such incidents may also include receipt or solicitation of bribes, loans, favors, or gifts in relation to an investigation; misappropriation of property in an investigation, obstructing an investigation, or influencing a witness.

Records Request No.3: For any officer about whom a sustained finding a dishonesty disclosed in response to Records Request No. 2, above, all DECISIONAL DOCUMENTS relating to any sustained finding of dishonesty relating to the reporting, investigation, or prosecution of a crime or misconduct by another peace officer, regardless of date.

Records Request No. 4: All DECISIONAL DOCUMENTS related to any administrative investigation into the discharge of a firearm at a person by a peace officer employed by the Department, which did not result in death, from January 1, 2014 to the present.  See Penal Code 832.7(b)(1)(A)(I).

Records Request No. 5: ALL DECISIONAL DOCMENTS related to any administrative investigation into a use of force by a peace officer employed by the Department against a person that resulted great bodily injury, from January 1, 2009 to the present.  See Penal Code 823.7 (b)(1)(A) (ii).

Records Request No. 6: For any officer who used forced resulting in death at any time since January 1, 1999, all DECISIONAL DOCUMENTS related to any administrative investigation into the discharge of a firearm at a person by that officer that did not result in death, or a use of force by that officer against a person that resulted great bodily injury but not death, regardless of date.

Records Request No. 7: All DECISIONAL DOCUMENTS relating to any incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer employed by the Department engaged in sexual assault involving a member of the public, from January 1, 2009 to the present. See Penal Code 832.7(b)(1)(B). For purposes of this request, "sexual assault" refers to 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, including unwanted or gratuitous sexual contact such as touching or groping.  See id. 832.7(b)(1)(B)(ii). 

Records Request No. 8: For any office about whom a sustained finding of sexual assault is disclosed in response to Records Request No. 7, above, all DECISIONAL DOCUMENTS relating to any sustained finding of sexual assault, regardless of date.

II   Request for Preservation, or in the Alternative, Request for Documents

While we have asked for a limited selection of documents that are newly available pursuant to S.B. 1421, review of those documents will very likely reveal some incidents in which requestors or other members of the public would like additional detail, such as records of investigation, audio, video, expert reports and other documents excluded from the present request.  We therefore request that you provide assurances that you will preserve all such documents, at least for a reasonable time after complying with the present set of document requests, to allow targeted requests for additional information on specific cases.

III   Priority of Requests

We understand that this change in the law may result in a significant number of responsive documents, and that you may have received a number of requests for similar documents from other requestors.  To help make sure your responses serves the public interest in disclosure of these important records as efficiently as possible, we ask that you prioritize in the following order:

First, please prioritize requests from other requestors who are family members of those killed by police seeking information on how their loved ones died.  We recognize that the change in law in many instances may allow these family members access to this information for the first time, and for the first time provide answers about their losses, and urge you prioritize these disclosures.

Second, for our requests, prioritize in the order of requests, 1 through 8

Third, if for any reason some categories of documents responsive to a request are more readily disclosable and other more difficult - for example, if older records are in archival storage or stored in a different and harder-to-use-system, or documents responsive to one request at not as easily categorized for disclosure and would require more time-intensive searching than other - please contact us to discuss the obstacles to prompt disclosure so that we can work out as timeline, process, or refined selection criteria for documents that are more difficult to find or produce.

 

S

 


Received

January 3, 2019 via mail


Departments

Sheriff's Office


Requester

Peter Bibring

Documents

Public

(loading...)

Staff

Point of Contact

Melva Paris

Document(s) Released to Requester   Details Public
201402046 Charging Summary.pdf
201402046 Check In List.pdf
201402046 Civl Papers that were to be served.pdf
201402046 DA CIRT Report.pdf
201402046 DA Computer Forensic Exam.pdf
201402046 DA Measurement Data Log.pdf
201402046 EPD Initial Report and 1 supplemental.pdf
201402046 EPD Supplemental Report.pdf
201402046 Field Examination Report.pdf
201402046 Forensic Reports.pdf
201402046 Media Bulletin Ready for release.pdf
201402046 Mendocino Case Report 1-3.pdf
201402046 Physical Evidence Examination Report_Redacted.pdf
201402046 Physical Evidence Submission Forms.pdf
201402046 Questions.pdf
201402046 Search Warrant.pdf
201402046 Sheriff's Office Property Evidence Report.pdf
201402046 Sheriff's Office Property Evidence Reports 1-12.pdf
201402046 SO Case Supp 1.pdf
201402046 SO Case Supp 2.pdf
201402046 SO Case Supp 7.pdf
201402046 SO Case Supplemental 3.pdf
201402046 SO Case Supplemental 4.pdf
201402046 SO Case Supplemental 5.pdf
201402046 SO Case Supplemental 6 & 7.pdf
201402046 SO Supplemental.pdf
201402046 SWAT Team Call Out.pdf
201402046 Written Notes by Akana and Oliveria.pdf
201402046CFS and Additional Reports.pdf
September 12, 2019, 9:40am
Document(s) Released to Requester   Details Public
201600416 Initial Report with Supplementals 1 - 4_Redacted.pdf
Email from Sgt. Freese to Ron Harpham_Redacted.pdf
Photo Line-Up Admonition, Photo Line-Up & Cal Photo Line-Up with names_Redacted.pdf
Physical Evidence Submission Form Chain of Custody 02032016_Redacted.pdf
Physical Evidence Submission Form Chain of Custody 12192016_Redacted.pdf
Property Evidence Booking Report_Redacted.pdf
July 16, 2019, 10:58am
Document(s) Released to Requester   Details Public
Eureka Police Department.pdf
Humboldt County District Attorney's Investigative Report.pdf
Humboldt County Sheriff's Media Bulletin.pdf
Humboldt County Sheriff's Office Inclusive Report.pdf
Humboldt State University Report Suppplemental Report.pdf
Humboldt State University Report.pdf
Photo Line Up Admonition.pdf
Property Evidence Report.pdf
June 5, 2019, 8:54am
Document(s) Released to Requester   Details Public
Affidavit for SW.pdf
DA Investigative Report.pdf
Diagram (1).pdf
Diagram (2).pdf
Eureka Police Department Supp Report (2).pdf
Eureka Police Department Supp Report.pdf
Evidence Search.pdf
Property Evidence Report (2).pdf
Property Evidence Report (3).pdf
Property Evidence Report (4.pdf
Property Evidence Report.pdf
Return to SW.pdf
Stipulation for Return of Property.pdf
SUPP 1 - 12.pdf
SW Inventory.pdf
May 1, 2019, 3:26pm
Document(s) Released to Requester   Details Public
PHYSICAL EVIDENCE EXAM REPORT.pdf
Blue Lake Fire & Arcata Ambulance Report.pdf
California Highway Patrol Report.pdf
Calls for Service.pdf
Crime Scene Log - yellow paper.pdf
District Attorney Critical Incident Report.pdf
DOJ Field Investigation Report.pdf
DOJ Forensic Alcohol Analysis 1.pdf
DOJ Forensic Alcohol Analysis 2.pdf
DOJ Toxicology Screen 1.pdf
DOJ Toxicology Screen 2.pdf
Eureka Police Department CAD contacts.pdf
Eureka Police Department Case # 310-6481.pdf
Evidence Transfer Receipt.pdf
Evidence Transfer Transaction.pdf
Hand drawn diagram.pdf
Humbold County Sheriff's Office Crime Scene.pdf
Humboldt County District Attorney's Request for Audio & CAD Logs from CHP and 7 pages of CAD Logs.pdf
Humboldt County Sheriff's Office - Call for Service 080710-39.pdf
Humboldt County Sheriff's Office Initial Case Report and Supplementals 1-5.pdf
Humboldt County Sheriff's Office Investigator Cheryl Franco's Supplemental Report.pdf
Humboldt County Sheriff's Office Supplemental Report.pdf
Letter dated Findings by the DA Fomasi.pdf
Letter regarding Findings of the DA Lundie.pdf
Physicians Coroner's Amendment, Death Certificate, Coroner's Report,Toxicology Report.pdf
Sheriff's Case of prior contact with Robert Garth 200407098,200502954,200504200,201002783.pdf
April 7, 2019, 2:48pm
Request Reopened Public
March 28, 2019, 2:22pm
Request Published Public
March 28, 2019, 2:19pm
Request Published Public
March 6, 2019, 2:33pm
Request Closed Public

We released all of the requested documents.

March 6, 2019, 2:33pm
Request Reopened Public
March 6, 2019, 2:32pm
Document(s) Released   Details Public
IMARS Incident Details_Redacted mp.pdf
Mendocino County Sheriff's Office Case Report_Redacted mp.pdf
Photos of Law Enforcement mp.pdf
Preliminary Notes for HCFAIU Response_Redacted mp.pdf
Humboldt County District Attorney's Investigative Report dated 10-05-2016_Redacted mp.pdf
Eureka Police Department Investigative Report dated 10-25-16_Redacted done mp_Redacted mp.pdf
Supplemental Report by Officer Hill_Redacted.lnk
Supplemental Report by Officer B. Omey_Redacted mp.pdf
Arcata Fire Department Report_Redacted mp_Redacted mp.pdf
Humboldt County FIre and Arson Investigative Unit Report_Redacted mp.pdf
On scene sign in sheet 8-18-16.pdf
Humboldt County District Attorney's Investigative Report 8-18-16_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 17_Redacted mp.pdf
Humboldt County Sheriff's Office SWAT Team Chronological Data_Redacted mp.pdf
Humboldt County Sheriff's Office Property Evidence Listing_Redacted mp.pdf
Supplemental Report by Detective Aubucohn.pdf
Aerial Photo.pdf
Humboldt County Sheriff's Office Case Supplemental 01_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 02_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 03_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 04_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 05_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 06_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 07_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 08_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 09_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 10_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 11_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 12_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 13_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 14_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 15_Redacted mp.pdf
Humboldt County Sheriff's Office Case Supplemental 16_Redacted mp.pdf
Humboldt County Sheriff's Office Initial Report_Redacted mp.pdf
Humboldt County District Attorney's Investigative Report 2 pages_Redacted mp.pdf
Autopsy Report, Death Certificate, List of who was present during autopsy_Redacted.pdf
Search Warrant Return. Search Warrant and Inventory_Redacted mp.lnk
Humboldt County Sheriff's 'Call for Service Report 08-17-16_Redacted.pdf
DOJ Physical Evidence Examination Report 3-24-2017.pdf
DOJ Physical Evidence Submission Form 8-23-2016.pdf
March 6, 2019, 2:30pm
Request Published Public
March 5, 2019, 2:38pm
Request Closed   Hide Public

Dear Mr. Peter Bibring, 

The Humboldt County Sheriff's Office has uploaded the first set of responsive records in response to your request.  The records were redacted pursuant to the criteria contained in Penal Code sections 832.7, subdivision(b)(5).  Further, to the extent that responsive documents contain summary criminal history information, that information is exempt from disclosure and was either redacted or withheld. (Govt. Code §6254(k); Westbrook v. County of Los Angeles (1994) 27 Cal. App.4th 157.)

Certain responsive documents were generated from a third-party database and fall under the CPRA exception for records which are exempt from disclosure pursuant to federal or state law, including, but no limited to, provisions of the Evidence Code relating to privilege. (Govt. Code §6254(k).) The Evidence Code provides that the owner of a trade secret has a privilege to refuse to disclose the secret, and to prevent another from disclosing it, if the allowance of the privilege will not tend to conceal fraud or otherwise work injustice. (Evid. Code §1060). A “trade secret” is defined as information, including a formula, pattern, compilation, program, device, method, technique, or process, that (1) Derives can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. (Civ. Code §3426.1.)

To date, the records produced do not include archived photographs, tape recordings, video recordings, or digital media because the County does not currently have the technology or personnel with the specialized skills needed to review and redact those records.  The County still has a large volume of potentially responsive records to review and redact.  We will provide you with additional responsive records on a monthly basis until the response if complete.  The next round of production will occur on April 1, 2019. 

Thank you and please do not hesitate to contact us with questions.

Sincerely,

WILLIAM F. HONSAL, SHERIFF

Melva Paris, Legal Office Services Supervisor

Phone Number: 707-268-3604

Email – mparis@co.humboldt.ca.us

 

 

March 5, 2019, 2:38pm
Department Assignment Public
Sheriff's Office
January 4, 2019, 10:38am
Request Opened Public
Request received via mail
January 4, 2019, 10:38am