Tag Archives: Bryan Lium

Los Angeles Police Department Inspector General Mark Smith Is Supposed To Investigate LAPD To See That They Comply With The Law — Which Is Pretty Hypocritical Since His Office Intentionally And Egregiously Violates The California Public Records Act — Which Is A Violation Of Requesters’ Constitutional Rights — I Made A Request In September 2020 — His Staffer Julie Buchwald Had The Records Ready By October 2020 — She Messed Around And Didn’t Produce The Records Until April 16 2021 — If Smith Doesn’t Know That Buchwald Is A Liar And An Outlaw Then He’s Incompetent — If He Does Know He’s A Co-Conspirator — Either Way He Has No Business Whatsoever Overseeing Anything Related To Obeying The Law — Especially The Police — He Is A Hypocrite And Ought To Resign Immediately — He Probably Exonerates Every Cop He Investigates To Sooth His Conscience Over His Own Lawbreaking — Even Cops Ought To Refuse To Be Overseen By This Guy — Who At This Point Has Zero Credibility — Did I Mention He Ought To Resign?

On September 20, 2020, I sent a request for some old reports to Mark Smith, the Inspector General of the Los Angeles Police Department. On April 16, 2021 Smith produced the responsive records. This is the story of what happened in the seven months between the request and the production!1

On September 22, 2020, just two days after receiving my request, Police Commission Executive Director Richard Tefank emailed Deputy City Attorney Soraya Kelly who, along with Carlos De La Guerra, staffs CPRA requests for the Commission and the OIG. He wanted legal advice, and he had some very … colorful … ideas about my work:2

Good Morning Again Soraya,

So now I receive this email from [Kohlhaas].

From what he is doing to my office and the OIG I feel this guy is harassing us via CPRA requests. Is there any action that can be taken. Quite frankly I don’t have the time for these games.

Richard

It’s clear from this that Tefank and Mark Smith had been talking, and they weren’t happy with me! Their default attitude towards people who expect them to follow the law they voluntarily made themselves subject to is that they’re being harassed. Meanwhile, on September 29, 2020, precisely when required to do so by law, Smith sent me a letter claiming a 14 day extension to respond, in which he stated that he would in fact respond by October 13, 2020.3

And Tefank’s anxiety about my requests got worse! Just three days after Smith sent me that extension letter Tefank sent a heartbreakingly plaintive email to Smith,4 LAPD Constitutional Cop5 Lizabeth Rhodes, CPRA cops Bryan Lium and Marla Ciuffetelli, and a bunch of deputy city attorneys, including Soraya Kelly, Julie Raffish, Debra Gonzalez, and Carlos de la Guerra:
Continue reading Los Angeles Police Department Inspector General Mark Smith Is Supposed To Investigate LAPD To See That They Comply With The Law — Which Is Pretty Hypocritical Since His Office Intentionally And Egregiously Violates The California Public Records Act — Which Is A Violation Of Requesters’ Constitutional Rights — I Made A Request In September 2020 — His Staffer Julie Buchwald Had The Records Ready By October 2020 — She Messed Around And Didn’t Produce The Records Until April 16 2021 — If Smith Doesn’t Know That Buchwald Is A Liar And An Outlaw Then He’s Incompetent — If He Does Know He’s A Co-Conspirator — Either Way He Has No Business Whatsoever Overseeing Anything Related To Obeying The Law — Especially The Police — He Is A Hypocrite And Ought To Resign Immediately — He Probably Exonerates Every Cop He Investigates To Sooth His Conscience Over His Own Lawbreaking — Even Cops Ought To Refuse To Be Overseen By This Guy — Who At This Point Has Zero Credibility — Did I Mention He Ought To Resign?

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November 2020 — LAPD Constitutional Policing Boss Lizabeth Rhodes Wrote A Top Secret Memo To Police Commission Boss Richard Tefank About Public Records Requests From Stop LAPD Spying — I Have A Copy Of The Top Secret Memo For You! — And Also It’s So Full Of Bullshit And Lies That It Amounts To A Violation Of LAMC 49.5.5 — Which Is Why This Morning I Reported Rhodes And Her Co-Conspirators Marla Ciuffetelli And Bryan Lium To The Ethics Commission — And Here Is A Copy Of The 118 Page Report For You Also!

This post is about a confidential memorandum from LAPD Constitutional Policing director Lizabeth Rhodes to Police Commission ED Richard Tefank about a request made by Hamid Khan of Stop LAPD Spying under the California Public Records Act. It’s also about a series of violations of LAMC 49.5.5 by Rhodes and LAPD officers Marla Ciuffetelli and Bryan Lium based on their biased handling of various requests for records and a complaint against all three of them that I filed this morning with the Los Angeles Ethics Commission. If you don’t want to read the whole thing here are the two main documents involved:

🙨 Lizabeth Rhodes’s confidential memorandum

🙨 Complaint against Rhodes, Ciuffetelli, and Lium

The Los Angeles Police Department has something called the Office of Constitutional Policing and Policy. It sounds like pernicious crapola and pernicious crapola is precisely what it is. Forced upon LAPD by the 2000 consent decree, over the years the cops have used their cop superpowers to thoroughly weaponize OCPP against the people of Los Angeles. Just for instance, let’s talk about about Hamid Khan of Stop LAPD Spying, about the California Public Records Act, about a letter Khan sent to the Police Commission in August 2020 about LAPD’s refusal to comply with the law, and about Lizabeth Rhodes, the hard-nosed criminal lawyer in charge of OCPP.1

In September 2019 Khan filed a CPRA request with LAPD. LAPD, of course, will not comply with the CPRA2 at all, and they especially won’t comply for the likes of Khan. Khan wrote to the Police Commission about it on August 31, 2020 and then complained in person during public comment on October 6, 2020. Khan’s remarks apparently prompted Commissioner Dale Bonner to wonder if maybe, just maybe, there might be some substance to his complaint. Consequently criminal lawyer Rhodes wrote a top-secret highly confidential memorandum, which I just happen to have an actual copy of, to Commission Executive Director Richard Tefank.

This remarkable document is packed with lies and bullshit to a degree hitherto unseen even from the LAPD, an organization which has been growing fat on lies and bullshit for well over a century. It is worth discussing in great detail. Before I do that, though, don’t forget about LAPD officer Marla Ciuffetelli, who runs the CPRA unit, and who violates LAMC 49.5.5 by prioritizing CPRA requests from some reporters and absolutely obstructing requests from other reporters. Also don’t forget about Bryan Lium, Ciuffetelli’s boss, who violates LAMC 49.5.5 in exactly the same way.

Rhodes’s memorandum also violates LAMC 49.5.5, so this morning I filed a complaint against all three of these thuggish scofflaws with the City Ethics Commission, and if anything comes of it I will certainly let you know! Meanwhile, read on for a detailed discussion of Rhodes’s dishonest nonsense! Presented as a dramatic dialogue no less!!
Continue reading November 2020 — LAPD Constitutional Policing Boss Lizabeth Rhodes Wrote A Top Secret Memo To Police Commission Boss Richard Tefank About Public Records Requests From Stop LAPD Spying — I Have A Copy Of The Top Secret Memo For You! — And Also It’s So Full Of Bullshit And Lies That It Amounts To A Violation Of LAMC 49.5.5 — Which Is Why This Morning I Reported Rhodes And Her Co-Conspirators Marla Ciuffetelli And Bryan Lium To The Ethics Commission — And Here Is A Copy Of The 118 Page Report For You Also!

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Marla Ciuffetelli of LAPD’s California Public Records Act Unit Specially Facilitated A Request From Denise Chan Of KCET — Ciuffetelli Had It Labeled With A Distinct Label Not Used For Less Favored Media Representatives — And Repeatedly Emailed Richard Tefank Of The Police Commission Encouraging Him To Hurry Up And Finish Chan’s Request — Which He Did — It Was Completed In Less Than Two Months — She Also Went Out Of Her Way To Hinder Tefank’s Processing Of My Requests — She Has A Special Label For Me Too! — Which Apparently Discourages Anyone From Working On My Requests — She Is Going Down For Violating LAMC 49.5.5 By Creating A Private Advantage For Chan — And Probably For Violating The First Amendment — Which Specifically Forbids Government Agents From Granting More Access To Their Pet Reporters — And From Deciding Which Media Outlets Are More Legitimate

I wrote recently about how LAPD Legal Affairs Boss Bryan Lium violated LAMC 49.5.5 by expediting a CPRA request for journalist Aura Bogado while at the same time hindering a request from Stop LAPD Spying. Today’s story, about how LAPD CPRA Unit Boss Marla Ciuffetelli did precisely the same thing for KCET journalist Denise Chan, shows that Lium’s antics with respect to Bogado’s request were not an anomaly.

Ciuffetelli has her subordinates tag requests from her favored media outlets, presumably to distinguish them for expedited handling. And, like Lium, she was willing to send Police Commission Executive Richard Tefank innumerable emails encouraging him to hurry along Chan’s request while repeatedly mentioning the fact that she works for KCET. And, like Lium’s beneficiary Aura Bogado, Denise Chan’s request got filled comparatively very quickly, in less than two months. As we’ve seen, other requests, from less favored requesters, can linger for years with no action at all.

Chan filed Request 20-3691 on June 11, 2020. That link leads to the actual NextRequest page as seen by a user not logged in as Chan or an administrator. But NextRequest request pages have a lot of material not visible to the general public. For instance, take a look at this PDF printout of the same request, but as seen by a logged-in user with staff privileges. In particular, make note of the tags added by the LAPD CPRA Analyst: LAPD: CAT-2, LAPD: CPRA (non-SB1421), LAPD: Media, LAPD: Other

Unfortunately I don’t yet have any way of figuring out what those tags actually mean. But there is still some useful information to be gained. For instance, I’m willing to guess that the LAPD: Media tag means that the requester is from a media organization that LAPD favors for as-yet-undertermined reasons. This may seem obvious, but it’s not for a number of reasons.

In particular, take a look at this request that I submitted to LAPD on July 9, 2020. The linked-to PDF is again the logged-in administrator view, showing the tags: LAPD: CPRA (non-SB1421), LAPD: High Priority , LAPD: High Profile, LAPD: Other Note that although I explicitly and truthfully identified myself as a member of the media the analyst did not add that LAPD: Media tag.

However, they did add at least one tag not applied to Chan’s request, which is the LAPD: High Profile tag. I know for a fact that this tag refers to me personally. To see this, take a look at Marla Ciuffetelli’s weekly CPRA report for the week of August 15, 2020. You can see up at the top a headnote:
Continue reading Marla Ciuffetelli of LAPD’s California Public Records Act Unit Specially Facilitated A Request From Denise Chan Of KCET — Ciuffetelli Had It Labeled With A Distinct Label Not Used For Less Favored Media Representatives — And Repeatedly Emailed Richard Tefank Of The Police Commission Encouraging Him To Hurry Up And Finish Chan’s Request — Which He Did — It Was Completed In Less Than Two Months — She Also Went Out Of Her Way To Hinder Tefank’s Processing Of My Requests — She Has A Special Label For Me Too! — Which Apparently Discourages Anyone From Working On My Requests — She Is Going Down For Violating LAMC 49.5.5 By Creating A Private Advantage For Chan — And Probably For Violating The First Amendment — Which Specifically Forbids Government Agents From Granting More Access To Their Pet Reporters — And From Deciding Which Media Outlets Are More Legitimate

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In June 2020 LAPD Took Only 26 Days To Produce 60 Pages Of Michel Moore’s Text Messages In Response To A CPRA Request From Investigative Reporter Aura Bogado — Which Is So Fast It’s Unbelievable — Bogado Attributed Their Speedy And Complete Response To Her Litigious Reputation And Some Specific Phrases She Included In The Request — But We All Know From Experience LAPD Doesn’t Care About That At All — They Get Sued Successfully All The Time — And I’ve Seen No Evidence That They Care How Requests Are Written — It Turns Out That Bryan Lium — Commander Of LAPD’s Legal Affairs Division — Took A Special Interest In Bogado’s Request And Emailed Richard Tefank About Eleventy-Jillion Times To Hurry It Along — Which Is Actually Why It Got Filled Fast — Meanwhile Lium Tells Everyone That Stop LAPD Spying’s Requests Will Just Have To Wait Because They Have To “Balance” Them With Other Requests — Where “Balance” Apparently Means “Ignore Completely”

On June 30, 2020, investigative reporter Aura Bogado tweeted a thread about text messages sent or received by LAPD Chief Michel Moore during the June 2, 2020 meeting of the Los Angeles Police Commission. Bogado obtained these on June 29, 2020 as a result of a June 3, 2020 NextRequest filing.1

As you may know, I’ve had some trouble getting the Los Angeles Police Department to even respond to my CPRA requests, let alone to actually produce significant records quickly enough to be useful. So I asked Bogado how she’d done it, but it turned out that she had no idea whatsoever, although she thought she understood. Here’s what she had to say:

I did a standard CPRA to police records; made sure to include why I thought the records existed (Soboroff lifted his phone to the camera at some point) and also included that the request was subject to litigation if I didn’t get a response. I sue, and win, but that’s usually with the federal gov (I cover im/migration nationally) so I think this was part of the motivation to take my request seriously.

Continue reading In June 2020 LAPD Took Only 26 Days To Produce 60 Pages Of Michel Moore’s Text Messages In Response To A CPRA Request From Investigative Reporter Aura Bogado — Which Is So Fast It’s Unbelievable — Bogado Attributed Their Speedy And Complete Response To Her Litigious Reputation And Some Specific Phrases She Included In The Request — But We All Know From Experience LAPD Doesn’t Care About That At All — They Get Sued Successfully All The Time — And I’ve Seen No Evidence That They Care How Requests Are Written — It Turns Out That Bryan Lium — Commander Of LAPD’s Legal Affairs Division — Took A Special Interest In Bogado’s Request And Emailed Richard Tefank About Eleventy-Jillion Times To Hurry It Along — Which Is Actually Why It Got Filled Fast — Meanwhile Lium Tells Everyone That Stop LAPD Spying’s Requests Will Just Have To Wait Because They Have To “Balance” Them With Other Requests — Where “Balance” Apparently Means “Ignore Completely”

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Today I Filed Yet Another Complaint Against LAPD Detective Kris Tu — Sub-Boss Of Their Public Records Unit — And His Subordinate Thanh Su — For Willfully Violating The California Public Records Act — Read All About It Right Here!


This post is about a complaint I filed just now with LAPD Captain Bryan Lium against Kris Tu and Thanh Su of the Department’s Public Records Unit. If you want to skip straight to it here is the link!

The LAPD let me know recently that they will not comply with the California Public Records Act when it comes to my requests. Which isn’t much of a change, actually. Other than a few months in 2018 when they followed the law they have never complied. It took them over a year to get to my first request to them in 2015 and things have only gotten worse.

But late last year they settled a major CPRA case with the ACLU and part of the agreement required the Department to adopt a policy stating explicitly that LAPD employees, both sworn and nonsworn, were subject to discipline for willful violations of the law. And since they will no longer produce records in response to my requests I’ve been using the time I would have spent reviewing and writing about their records to file complaints against them instead.

In August of this year I filed one against LAPD CPRA Sub-boss Kris Tu and his supervisor, Lieutenant Marla Ciuffetelli. Then another against Ciuffetelli alone. A few weeks ago I filed my third, this against Tu again and also Discovery Analyst Masoomeh Cheraghi.

And today I filed my fourth! This one’s against Tu and Analyst Thanh Su. There are two issues involved here. First their refusal to state which exemptions they claim justify their redactions and withholdings and second their refusal to state the name of the person who determined to apply the exemptions. Read the transcription below for the details and stay tuned to see what happens!1 Continue reading Today I Filed Yet Another Complaint Against LAPD Detective Kris Tu — Sub-Boss Of Their Public Records Unit — And His Subordinate Thanh Su — For Willfully Violating The California Public Records Act — Read All About It Right Here!

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We Now Know That The LAPD Lied To A Whole Series Of Public Records Requesters About Facial Recognition — They’ve Been Lying About It For Years — And They Lied About It To Me Too — I Recently Discovered Proof That LAPD Discovery Had Records Responsive To My Request In Their Actual Possession At The Time That LAPD Discovery Boss Kris Tu Told Me There Weren’t Any — And The LAPD Department Manual CPRA Section Requires LAPD To Comply — And States Explicitly That If They Willfully Withhold Records They May Be Subject To Punishment — Which Is Why Today I Filed A Complaint Against Tu — And Masoomeh Cheraghi — A Civilian Analyst Who Had One Of The Responsive Records In Her Possession When Tu Illegally Closed My Request — And You Can Read It Here!

NOTE: This post is about a complaint I filed today against a couple of LAPD CPRA staff and that’s a link straight to it if you want to skip the post.

In August 2019 I learned that LAPD used facial recognition technology to, among other random things, identify homeless people in Chinatown on behalf of outlaw Chinatown BID Boss George Yu. In September 2019 I asked LAPD for records relating to their use of facial recognition. They stalled and stalled and stalled until June 2020 when Kris Tu, a detective in charge of LAPD’s CPRA unit, told me that there were no responsive records.

Which, as was very recently revealed, was certainly not the whole truth. Furthermore, I recently obtained this email chain involving LAPD CPRA analyst Masoomeh Cheraghi. She responded in May 2020 to a February 2020 email announcing various LAPD facial recognition policies, announced that she was working on my request,1 and was told by LAPD staff that there was in fact a Detective Bureau Notice on the subject.

However, she failed to produce either the email or the Notice, although both are clearly responsive to my request. Not only that, but in June 2020 Kris Tu told me explicitly that there were no responsive records despite the fact that Cheraghi, his subordinate, provably knew of at least two of them and had at least one of them in her possession.
Continue reading We Now Know That The LAPD Lied To A Whole Series Of Public Records Requesters About Facial Recognition — They’ve Been Lying About It For Years — And They Lied About It To Me Too — I Recently Discovered Proof That LAPD Discovery Had Records Responsive To My Request In Their Actual Possession At The Time That LAPD Discovery Boss Kris Tu Told Me There Weren’t Any — And The LAPD Department Manual CPRA Section Requires LAPD To Comply — And States Explicitly That If They Willfully Withhold Records They May Be Subject To Punishment — Which Is Why Today I Filed A Complaint Against Tu — And Masoomeh Cheraghi — A Civilian Analyst Who Had One Of The Responsive Records In Her Possession When Tu Illegally Closed My Request — And You Can Read It Here!

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Lt. Marla Ciuffetelli Runs LAPD’s Public Records Unit — And She Refuses To Publish CPRA Requests On NextRequest — So That They Remain Unreadable And Unsearchable By The Public — This Is A Direct Violation Of A Settlement Agreement LAPD Signed Last Year To Settle A Monumental CPRA Case — So I Filed A Complaint With LAPD About Ciuffetelli’s Transgressions — Which You Can Read Here — Of Course!

In 2017 the ACLU of Southern California sued the Los Angeles Police Department over their habitual egregious violations of the California Public Records Act. The City settled the case in September 2019 by paying the ACLU $57K and signing an extensive agreement which included a number of conditions regarding LAPD’s CPRA practices.

One of the conditions requires LAPD to use a web platform for handling CPRA requests, to publish the requests so that they’re searchable, and to publish records produced as well. The full text of this clause is transcribed below. The City addressed this requirement by adopting NextRequest, but so far LAPD has failed to publish requests consistently, and even when they do publish them, they often won’t publish the released documents or the conversation with the requester, both of which the settlement requires them to do.

In particular, at the time of writing, requests 19-4413 and 19-4414 remain unpublished and the released documents remain unavailable and unsearchable for anyone but the logged-in requester. It’s essential that LAPD publish all published requests, but I have a particular interest in these two given that recently LAPD Chief Michel Moore publicly accused me of making requests that “are intentionally designed to be unclear, confounding, and/or overbroad.”

The evidence Moore cited is based on these two requests, which are none of the things he accuses me of intentionally designing them to be. So a couple weeks ago I asked LAPD Lt. Marla Ciuffetelli, new boss of the CPRA Unit, to publish them. She has so far completely ignored my request1 despite the fact that LAPD is subject to a court order requiring publication and despite the fact that the requests are themselves public records, which I requested.

But one of the other clauses in the agreement says that LAPD officers who willfully violate the CPRA may be subject to discipline. So yesterday I filed this complaint against Ciuffetelli with Bryan Lium, her superior officer, which is also transcribed below.2 I am sure that as they usually do they’ll kick it around for a year or two and then exonerate Ciuffetelli, but maybe not. In any case, I will certainly let you know what happens!
Continue reading Lt. Marla Ciuffetelli Runs LAPD’s Public Records Unit — And She Refuses To Publish CPRA Requests On NextRequest — So That They Remain Unreadable And Unsearchable By The Public — This Is A Direct Violation Of A Settlement Agreement LAPD Signed Last Year To Settle A Monumental CPRA Case — So I Filed A Complaint With LAPD About Ciuffetelli’s Transgressions — Which You Can Read Here — Of Course!

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