HomeMy WebLinkAboutPRR21164 Canny - Giron incident body camLAW OFFICES OF
PAULA CANNY
840 HINCKLEY ROAD, SUITE 101
BURLINGAME, CALIFORNIA 94010
650.652.7862
FAX 650.652.7835
www.paulacanny.com
June 29, 2021
J. Christine Dietrick, City Attorney
City of San Luis Obispo Attorney's Office
City Hall, Room 10
990 Palm Street
San Luis Obispo, Ca 93401
Via Email: attomeyna,slocity.org — Via U.S. Postal Service
RE: First Request Pursuant to California Government Code § 6250 et seq.; Request for Mr.
Giron's family to view all Body Worn Camera's related to his death.
Claimant: Caroline Wichman
Date of Birth: 10-17-1951
Date of Incident: May 8, 2021
Dear Ms. Dietrick,
I am sending this letter on behalf of Caroline Wichman and her family to request to view
the body worn camera videos in this matter. The family has more questions than I can answer. I
believe a reasonable way to answer questions is to show the family the body worn cameras of the
incident. There is legal authority for this request as set forth hereinafter.
This letter is further is to inform you that my office represents Caroline Wichman, the
next of kin of Eddie Giron. According to public statements by law enforcement, Mr. Giron
committed suicide contemporaneously to the service of a search warrant by San Luis Obispo
Police at 3175 Camellia Ct. #D, San Luis Obispo, California 93401. Law enforcement has also
publicly stated that Mr. Giron fatally shot one police officer and injured another.
Pursuant to Penal Code §832.18 and the California Public Records Act, California
Government Code § 6250 et seq. ("CPRA"), and Article I, § 3(b) of the California Constitution,
Mr. Giron's family are entitled to review all Body Worn Camera pertaining related to his death.
Additionally, I request an opportunity to inspect any documentation and logs related to the Body
Worn Cameras used by officers at the scene on May 8, 2021, at the Camellia Ct. location.
I further request that I be permitted to accompany the Giron family along with my
investigator for the viewing. Of course we are happy to come to your Office to view the videos.
Wichman I Letter to CA Dietrick I June 29, 2021
If you contend that any portion of the audio, video, or records requested, are exempt from
disclosure by express provisions of law, Government Code § 6253(a) requires segregation and
redaction of that material in order that the remainder of the records may be released.
If you contend that any express provision of law exists to exempt from disclosure all or a
portion of the records I have requested, Government Code § 6253(c) requires that you notify me
of the reasons for the determination not later than 10 days from your recent of this
re west.
Government Code §§ 6253(d) & 6255(b) require that any response to this request that
includes a determination that the request is denied, in whole or in part, must be in writing and
include the name and title of the person(s) responsible for the City's response.
Government Code § 6253(d) prohibits the use of the 10-day period, or any provisions of
the CPRA or any other law, "to delay access for purposes of inspecting public records." In
responding to this request, please keep in mind that Article 1, § 3(b)(2) of the California
Constitution expressly requires you to broadly construe all provisions that further the public's
right of access, and to apply any limitations on access as narrowly as possible.
If you require any clarification that will help expedite your attention to my request,
please contact me at 650-652-7862 or by email at defensedog@aaol.com (Government Code §
6253.1).
I ask that you notify me of costs before you duplicate the records so that I may decide
which records I want copied.
If the City chooses to withhold information, it must justify such withholding pursuant to
Government Code Section 6255. If we are required to bring suit in order to obtain these records,
we are entitled to attorney's fees under Section 6259. I do not want to file a lawsuit. This is a sad
and painful situation for all involved. I believe the least litigious way to answer the family's
many questions is to permit a viewing of the body worn camera videos.
We anticipate your prompt attention to this matter.
Very Truly Your -
P ULA Y
PKC/rs
Wichman I Letter to CA Dietrick I June 29, 2021
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