David G. Lim Deputy District Attorney ‘Alameda County District Attorney's Office dovid.lim@acgov.or Direct: (510) 777-2303 ‘Main: (540) 383-8600 Fax: (510) 383-8615 From: Stoddard, Cinda, DA Sent: Monday, February 27, 2017 10:29 AM To: Lim, David, DA; James, Autrey, DA; Hughes, Gregory, DA; Balzouman, Paul, CEPD ‘Subject: FW: Timing for your report From Maria, From: Sabatini, Maria [malto:MSabatini@oaklandnet.com} Sent: Monday, February 27, 2017 8:53 AM To: Stoddard, Cinda, DA Subject: RE: Timing for your report NiPal, Wish I could say... the draft is the City Attorney's Office now. They are probably going to be communicating with your office now about it, instead of me... sory. Yours, Maria From: Stoddard, Cinda, DA [mailto:Cinda Stoddard @acgov.org} Sent: Friday, February 24, 2017 9:15 AM To: Sabatini, Maria ‘Subject: Timing for your report Good morning Maria, | don't want to bug you, but | was wondering what you perceive the timing Is for us to recelve your fire report, Just 2 good guess is fine too, Thanks! cindadavid lim@ocgov.org Direct: (510) 777-2303 ‘Main: (520) 383-8600 Fox: (510) 383-8615 ‘This is a confidential attorney-client communication. This email contains confidential attorney- client privileged information and is for the sole use of the intended recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sencler by reply e-mail and destroy all copies of the original message and any attachments. [v1.3] From: Lim, David, DA Sent: Monday, February 27, 2017 11:23 AM To: dmmoreno@oaklandeitvattorney.org james, Autrey, DA; Stoddard, Cinda, DA; Balzouman, Paul, CEPD; Hughes, Gregory, DA Subject: akiand Fire Department Report on Ghost Ship Warehouse Hi Doryanna, ‘Thank you for taking my call a few mites ago. Thank you for looking into whether your office has a copy of the OFD Fire Report related to the Ghost Ship Warehouse Fire. This email confirms that our office is officially asking for a copy of that report. Ifwe could get « copy from the City Attomey by end of business today, that would be great Please call me if you have any questions or concems. ‘Thank you! David G. Lim Deputy District Attorney Alameda County District Attorney's Office david.lim@acgov.org Direct: (510) 777-2303 ‘Main: (510) 383-8600 Fax: (510) 363-8615 From: Lim, David, DA ‘Sent: Monday, February 27, 2017 11:20 AM To: Stoddard, Cinda, DA; James, Autrey, DA; Hughes, Gregory, DA; Balzouman, Paul, CEPD ‘Subject: RE: Timing for your report Chief Assistant City Attorney Doryanna Moreno is looking into who has the report at the City Attomey’s Office and getting us a copy.| called you back yesterday and spoke with you. You asked for a copy of the draft report prepared by Sabatini. | told you | would look into and someone would get back to you. Doryanna Moreno ‘Aseitant City Atorney Oskiand City Attomey’s Office 510-238-3492 From: Lim, David, DA {maito:David.Lim@acqov.ora} Sent: Tuesday, February 28, 2017 10:30 AM arker, Barbara; Moreno, Doryanna Malley, Nancy, DA; Dunleavy, Kevin, DA; James, Autrey, DA; Hughes, Gregory, DA; Balzouman, Ce: Paul, CEPD; Stoddard, Cinda, DA; Chenault, Robert, DA Subject: Oailand Fire Report re: Ghost Ship Warehouse Fire Importance: High Ms. Parker and Ms, Moreno, This email serves to memorialize our request for @ copy of the Oakland Fire Department report written regarding the Ghost Ship Warchouse fire on December 2, 2017. Yesterday it came to our attention that a draft or final version of the tepott was sent to the Oakland City Attomey's Ofice for review. 1 talked with Ms, Moreno yesterday morning, sent her a formal email request, and have left her two voicemails since then requesting this report. Thave not received a return call or email since our initial conversation yesterday morning, ‘The Alameda County District Attorney's Office, as the lead criminal investigation agency in this mater, requests an unredacted, unedited copy of the report immediately, along with copies of the investigative notes, photographs, statements, and all other relevant evidence used to write the report by Oakland Fire Department personnel and any other City of Oakland employees. As you know, the case of Brady v. Maryland (1963) 373 U.S. 83, compels the prosecution in a criminal investigation to maintain and review all evidence in a criminal case. This duty is mandated by the Due Process Clause of the U.S. Constitution, and exists independent of any discovery statutes. ‘The Brady obligation extends to all members of the “prosecution team”. The prosecution team includes both prosecution and investigative personnel. Zn re Brown (1998) 17 Cal.4* 873, In this matter, the Oakland Fire Department, asthe lead investigation agency into the cause of the Ghost Ship Warehouse fire, is part of the prosecution team, and they therefore share in the Constitutional duty to provide an unredacted, complete copy of their teport, notes, photographs, statements, and all other relevant evidence associated with this investigation Please transit via email or prepare for pickup a copy of the requested ifems no later than the elose of business today. Ifyou have any questions or concerns about our request, please do not hesitate to contact sme at (510) 777-2303, Sincerely, David G. Lim Deputy District Attorney Alameda County District Attorney's OfficeFrom: Lim, David, DA Sent: Tuesday, February 28, 2017 12:20 PM Tot ‘Moreno, Doryaana’; Parker, Barbara Cet O'Walley, Nancy, DA; Dunleavy, Kevin, DA; James, Autrey, DA; Hughes, Gregory, DA; Balzouran, Paul, CEPD; Stoddard, Cinda, DA; Chenault, Robert, DA Subjects RE: Oakland Fire Report re: Ghost Ship Warehouse Fire Ms. Moreno, [remember our phone conversation yesterday. 1 asked for a copy of the drait report by the end of business yesterday. 1 followed up our phone conversation with an email to you sent at 11:23 AM (yesterday), In the email [reiterated that we would like a copy of the draft by the end of the business day. At approximately 3:30 PM yesterday I left a voicemail with you to check on the status of our request, and asked you to call me with an update, I left both my work phone number and my cell phone ‘number and told you to feel free to call me anytime that aftemoon or evening, ‘Today, [let another voicemail with you in the morning, At 10:30 AM this morning, having not heard back fkom you, I sent the email below to you, If thote are timing issues in getting the report to us by the end of today, please call me so we ean discuss the issue. If there are any issues with providing the report to us, please call me so we can discuss the issue. The key is: Please call me s0 we can discuss the issue. Our desire in getting the report is not to unduly burden you, but to fulfil our ethical and Constitutional requirements under Brady, and to conduct a full and thorough investigation into this matter. Ifthe Oakland Fire Department has submitted a report to your office for review, a copy of the unredacted, unedited report must also be submitted to the prosecuting agency for review. ‘Thanking you in advance for your continued cooperation. Sincerely, David G. Lim Deputy District Attorney Alameda County District Attorney's Office david.lim@acgov.org Direct: (510) 777-2303 ‘Main: (510) 383-8600 Fox: (510) 383-8615 From: Moreno, Doryanna [maito:DMoreno@oakiandeityattomey ora) Sent: Tuesday, February 28, 2017 11:53 AM To: Lim, David, DA; Parker, Barbera Ce: O'Malley, Nancy, DA; Dunleavy, Kevin, DA; James, Autrey, DA; Hughes, Gregory, DA; Balzouman, Paul, CEPD; Stoddard, Cinda, DA; Chenaulk, Robert, DA ‘Subject: RE: Cakiand Fire Report re: Ghost Ship Warehouse Fire Mr. Lim,