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SF DA response to KALW Radio

SF DA response to KALW Radio

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Published by ali_winston

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Published by: ali_winston on Feb 05, 2011
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02/05/2011

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Crn
AND
CouNTY
OF
SAN
FRANcIsco
OFFICE
OF
THE
DIsTRIcT
Arrom’JEY
GEORGE
GAscON
Paul
Henderson
District
Attorney
Chiefof
Administration
DIRECTDIAL:
(415)
553-1845
E-MAIL:
Paui.Henderson@sfgov.org
February
3,
2011
VIAEMAIL
Au
Winston
au
.winstongmail
.com
RE:
January
24,
2011
Record
Request
Dear
Ms.
Winston:
I
am
writing
in
response
to
yourpublicrecord
request,
received
bythe
DistrictAttorney’sOffice
viaemail
on
January
24,
2011.
Yourequested
the
following:
All
findingslettersorreports
for
officer-involvedshootings
completed
by
theSan
Francisco
County
District
Attorney
office
from
the
beginning
of
2000
to
the
date
of
this
Public
Records
ActRequest
(January
24
201]).
Underthe
California
Public
Records
Act
and
theSan
Francisco
Sunshine
Ordinance,
a
“publicrecord”
is
broadlydefined
to
include“anywriting
containinginformation
relating
to
the
conduct
of
the
public’sbusiness
prepared,
owned,used
or
retained
byanystate
orlocal
agency,
regardless
of
the
physical
form
or
characteristics.”
(Govt.
Code
§
6252(e))
If
the
department
has
no
records
responsive
tothe
specific
request,
the
department
has
no
duty
to
createor
recreate
one.(Id.)We
do
nothave
any
responsivedocuments
foryour
requestregarding
reports
for
officer
involvedshootings.Also,
wedo
notreleaseinformation
in
our
investigatory
files.
Providing
any
suchrecords
would
thwartourprimary
duty
of
protecting
public
safety
andwouldunderminethe
deliberativeprocess.
(Rivero
v.
Superior
Court,
54
Cal.App.
4th
1048.)Likeany
prosecutor’s
office,
the
San
FranciscoDistrict
Attorney’s
Office
is
entrustedby
the
public
to
investigate
and
prosecute
crimes
and
tohelp
victims
of
crime.
We
would
be
prohibited
bythe
law
andourduty
to
the
public
from
providing
you
with
the
information
you
seek.We
include
a
detailed
legal
explanation
of
our
positionbelow.
The
DistrictAttorney’s
Office
is
uniquely
positioned
as
both
a
stateand
local
officer.
In1998,
the
Supreme
Court
of
Californiaconcluded
that,
while
a
Californiadistrict
attorneyhasattributes
of
both
a
stateandlocalofficer,
a
Californiadistrictattorney
acts“on
behalf
of
the
state
ratherthanthecounty
in
preparing
to
prosecute
crimes
and
in
training
and
developing
policies
for
prosecutorial
staff”
(Pitts
v.
County
of
Kern,
17
Cal.
4th
340,
356-66.)
In
reaching
its
conclusion,
theSupremeCourtspecifically
citedArticle
V.
section
13
of
the
California
Constitution,
which
states
that
“the
Attorney
General
shallbe
the
chief
law
officer
of
theState.
It
shallbethe
duty
of
the
Attorney
General
tosee
that
the
laws
of
theState
are
uniformly
and
adequatelyenforced.
The
Attorney
General
shallhavedirect
supervision
over
every
district
850
BRm1rr
STREET,
THIRD
FLOOR
SAN
FRANCIsCo,CALIFoRNIA
94103
RECEPTION:
(415)553-1752.
FACsIMILE:
(415)
553-9054

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