“John, regarding the documents I gave you yesterday, please don’t share the papers … l put them together for you (and Ann if needed) only. If others need the information, I am happy to give a verbal briefing, but not documents. The case is not available for a PRA [Public Records Act] request and I’d like to keep it that way.”
— email from Margo Bennett, Berkeley campus police chief, to John Wilton, vice chancellor for finance and administration, March 20, 2014
by Irvin Muchnick
In anticipation of Thursday’s case management hearing in my California Public Records Act (CPRA) lawsuit against the University of California, we’ve been telling you how and why the case has come to be targeting 141 pages of Berkeley campus police reports in the aftermath of the 2014 football conditioning death of Ted Agu.
The Agu family’s wrongful death lawsuit had established that the university forwarded only 29 of these pages to the Alameda County sheriff’s office, which was supporting the coroner’s probe into the cause of Agu’s death. And in one of the three central threads of the Agu cover-up, Cal football team doctor Casey Batten has been exposed for steering the medical examiner, Dr. Thomas Beaver, away from a finding of exertional collapse associated with sickle cell trait, and toward an inaccurate finding of generic heart failure.
In our own CPRA action, UC also did not disclose the existence of the 141 pages. After we reprised the evidence about it from the family’s suit, a senior counsel at the office of the president, Michael Goldstein, told Judge Jeffrey S. Brand that what we were referring to is not “a report,” but rather “a binder” collecting multiple documents.
On Sunday, Concussion Inc. pointed out that the daylighting of this report, or if you will, this “binder,” would constitute the closest thing to an accounting of the Agu death incident that the people of California perhaps could ever hope to access after shelling out $4.75 million to settle the family’s wrongful death claim. Last week the University of Maryland released the first of two, serious, specific, in-depth, finger-pointing investigations of the recent similar death of football player Jordan McNair. But Cal has never done anything approaching a parallel accounting in the Agu fatality.
Yesterday, Concussion Inc. reviewed the known actions of the Berkeley campus police surrounding all things Agu. This record raises serious concerns of transparency and proper discharge of duties.
Today, we publish an expurgated text of the table of contents of the mysterious 141 pages of Agu-related police reports. The names were removed so as not to compromise any decision Judge Brand might be making in the future on our eventual motion to compel full release. Earlier this year, we informed UC and then the court that we had acquired this page, from a source we will not name.
As you can see, the “binder” consists of 16 chapters, “A” through “P.”
Table of Contents
Initial UCPD report and supplements … A
Supplement Autopsy 02-10-2014 … B
Miscellaneous supplements/documents … C
Interview with [REDACTED] … D
Interview with [REDACTED] … E
Interview with [REDACTED] … F
Interview with [REDACTED] … G
Interview with [REDACTED] … H
Interview with [REDACTED] … I
Interview with [REDACTED] transcripts … J
Interview with [REDACTED] transcripts … K
Interview with [REDACTED] transcripts … L
Interview with [REDACTED] transcripts#1 … M
Interview with [REDACTED] transcripts#2 … N
Interview with [REDACTED] … O
Final Autopsy Report by Dr. Beaver … P
Complete headline links to our Ted Agu series: https://concussioninc.net/?p=10877