LOS ANGELES POLICE DEPARTMENT

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CHARLIE BECK
Chief of Police

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P. 0. Box 30158
Los Angeles, California 90030
Telephone: (213) 978-2100
TDD:(877) 275-5273
Reference Number: 14.4

ERIC GARCETTI
Mayor

August 17, 2016

Mr. Muammar Reed

reed.muammar(a~~mail.com
Dear Mr. Reed:
I have reviewed your request for any and all images, audiotapes and videos; any and all videos
depicting the shooting ofJesse Romero; any and all autopsy and coroner reports; any and all use of
force reports; any and all police reports; any and all witness statements; in connection with the
officer-involved shooting of Jesse Romero; and the identity of any and all deputies that shot
Jesse Romero on August 9,2016. Your request was made pursuant to the California Public Records
Act(the Act).
Records ofthe incident and the investigation ofthe use offorce are exempt from disclosure because
they contain official information. Section 6254(k) exempts records which are exempt from
disclosure under federal or state law,including, but not limited to provisions ofthe Evidence Code
relating to privilege. Evidence Code Section 1040 declares an official information privilege for
information acquired in confidence by a public agency when the public interest in disclosing the
information is outweighed by the public interest in keeping the information confidential. Similarly,I
am asserting Section 6255 based on this same need to retain confidentiality of said documents.
Additionally, in accordance with Section 62540, records of investigations conducted by, or
investigatory files compiled by, any local police agency for law enforcement purposes, are exempt
from disclosure. Your request seeks records that are either investigatory records or properly part of
an investigative file. Therefore, I am denying your request.
To the extent the aforementioned records may be a part of the personnel records of the involved
officers, these records are further exempt from disclosure pursuant to Sections 6254(c) and (k).
Section 6254(c) exempts from disclosure "personnel, medical or similar files, the disclosure of
which would constitute an unwarranted invasion of personal privacy." Section 6254(k), exempts
records which are exempt from disclosure under federal or state law,including, but not limited to
provisions ofthe Penal Code. Penal Code Section 832.7 states that peace officer personnel records
and information contained within them are privileged and confidential and cannot be disclosed
except through discovery pursuant to Evidence Code Sections 1043 and 1045 [see Penal Code
Sections 832.5 and 832.7 and Evidence Code Sections 1043 and 1045]. California case law holds
AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER
www,LAPDOn/ine,org
www,joinLAPD.com

Mr. Muammar Reed

Page 2
14.4

that Evidence Code Section 1043 et seq. is the exclusive means to obtain peace officer personnel
records, and as such,they are exempt from the disclosure provisions ofthe Act[see City ofHemet v.
Superior Court(1995)37 Cal. App. 4th 1411].
Any correspondence concerning this matter should include a copy ofthis letter and be directed to the
Los Angeles Police Department, Discovery Section, 201 North Los Angeles Street, Space 301,
Los Angeles, California 90012. If you have any questions regarding this correspondence, please
contact Management Analyst Charles Clifton ofthe Discovery Section at(213)978-2163.
Very truly yours,
CHARLIE BECK
Chie~~ofPolice

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MARTIN BI.~,FAND, S~nio Management Analyst
Officer-in-Charge, I~iscov ry Section
Legal Affairs Division