Thursday, February 11, 2010

CDCR General Counsel Issues Statement on Request to Stay the Court Order Compelling Disclosure of the Parole Investigatory Records of Phillip Garrido

On Feb. 5, 2010, the Sacramento County Superior Court ordered the California Department of Corrections and Rehabilitation (CDCR) to disclose the parole investigatory records of Phillip Garrido to several news media agencies who had filed a legal challenge to obtain the records under the California Public Records Act. Today, CDCR filed a petition with the court to stay its February 5 order.

The following is a statement from CDCR General Counsel Ben Rice:

“We believe the court’s order to compel CDCR to disclose parole investigatory records runs afoul of governing statutes. When the Legislature created the California Public Records Act, it recognized that certain records should not be made public. These records include investigatory files compiled by a state agency for correctional or law enforcement purposes. The Legislature also enacted statutes to protect the privacy of peace officers’ personnel information from unwarranted intrusion.”

“This motion was filed because we believe the court erred when it concluded Garrido’s parole file is not an investigatory file.”

Click here to view the CDCR court filing.