Ms. Rivas,
PD-2026-677 has not yet given me what the law requires the Department to give the victim. Five points, each with the law that requires it.
1. The records your letter of 9 October says were attached. It says: "BHPD has identified records responsive to your 13-part amended request, which are attached herein as part of the City's initial production." The email carried the Marsy's Law pamphlet and the Policy Manual and no other record. Please send the records.
2. The items still being searched.
- On 9 October, items 2(b), 3(d), 5(a)–(d), 7, 8(e), 10, 11 and 13(b) were answered that the search continues, with no date.
- The record of the quarantine and filter action, which you wrote on 25 September "will be added as part of your PD-2026-677 request," has no answer at all.
- PD-2026-677 was received on 25 July. Government Code section 7922.535(a) requires a determination within 10 days and, for disclosable records, "the estimated date and time when the records will be made available."
- Your notice of 25 September set 9 October, and section 7922.535(b) allows no extension beyond 14 days.
Please give the determination and the date for each with your update of 23 October.
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4. The facts of the incident, owed to the victim. My request of 14 October, items (g) to (l), is made under Government Code section 7923.605(a), and your answer is due on 24 October. That section applies "Notwithstanding Section 7923.600," the section your letter of 9 October cited for the investigative records. Its exceptions are the safety of a witness and "the successful completion of the investigation or a related investigation." They do not reach a case in which the Department wrote to me on 30 September that "there is no further action that will be taken on your case," and in which the District Attorney's "evaluation was completed on 03/19/2026." Any withholding must state its ground for each item.
5. Items (d) and (e) of 7 October.
- Government Code section 7922.525(b): "Any reasonably segregable portion of a record shall be available for inspection by any person requesting the record after deletion of the portions that are exempted by law."
- Penal Code section 832.7(c): "Notwithstanding subdivisions (a) and (b), a department or agency shall release to the complaining party a copy of the complaining party’s own statements at the time the complaint is filed."
- POST wrote to me on 30 September that "Complaints received from the public will be forwarded to the employing agency for further investigation and disposition." Please send me my statements as the Department received them.
Government Code section 7923.000 lets a requester ask the court to enforce these rights. Under section 7923.115(a), "the court shall award court costs and reasonable attorney’s fees to the requester" who prevails.
I am copying the Attorney General's Public Inquiry Unit (PIU #1564601) and the District Attorney (ECER #719953).
Halsey Minor
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