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.
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”
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!
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!
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, 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!
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 request 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. 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!