Post by locard on Jul 15, 2016 19:55:01 GMT
Is a 40 year old cold case an "ongoing active criminal investigation"? I've gotten federal and local documents in the Zodiac case, and even "solved" and unsolved murder cases from The 80's and 90's.
The CPRA exceptions for ongoing active criminal investigations only apply when to disclose a document would interfere with an active or eminent judicial processing (not applicable here AT ALL) or endanger the life of someone like an undercover agent, officer, witness, victim (also NA here, not what we are requesting and any names can be blacked out).
Otherwise the Ca Public Records Act and the Sunshine provision of the California Constitution say officials "shall release" requested documents.
Also the current policy of agencies in the EARONS task force is to release documents to the public to produce leads to catch the offender.
Here is the Digital Media Law Project at Harvard University's explanation of CA' Public Records' Act: www.dmlp.org/legal-guide/california/access-public-records-california
"Exemptions
An agency may refuse to provide a record if, in a particular case, "the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record." [Cal. Gov't Code § 6255]. For more information, visit California First Amendment Coalition's FAQs on the general public interest exemption.
In addition to this general exemption, an agency is entitled (but not required) to refuse disclosure if one or more of the following narrowly construed statutory exemptions applies. The Act sets out a long list of specific exemptions (Cal. Gov't Code § 6254), including:
"Law enforcement. Records of complaints, investigations, intelligence records, security procedures and other documents of law enforcement agencies are exempted from disclosure (see California First Amendment Coalition's FAQs on this exemption)."