“Even With the Judge Wrongly Enabling the Public Records Act Suppression of the Secret Campus Police 141-Page Binder, Documents Are Telling the Story of the University of California’s Ted Agu Football Death Cover-Up,” April 4, 2019, https://concussioninc.net/?p=13760
Complete headline links to our series on the Ted Agu death cover-up (beginning November 2013 — before Agu’s death): https://concussioninc.net/?p=10877
by Irvin Muchnick
For nearly a month the Alameda County Superior Court has been falsely publicizing on its online docket that my California Public Records Act petition was “dropped.” Though it is true that Judge Jeffrey S. Brand ruled against my motion for access to the University of California-Berkeley’s secret 141-page binder of campus police records in the 2014 Ted Agu football death — illogically and outrageously in my view — the case continues over other disputed material, including the university’s sweeping claims of attorney-client privilege for hundreds of pages of internal emails.
When my attorney asked the court to correct a March 18 order, signed by Judge Brand, that our petition was “dropped,” we received word that the court clerk was out of pocket but would get back to us. To date, the clerk has not done so.
This fiasco is just the latest questionable administrative act by the court. None of these lapses is as important as the merits of what I believe are Judge Brand’s poor motion rulings themselves, but they are all revealing. Earlier the court had listed online that the judge decided against us on the issue of the 141-page binder before even sharing with us his written ruling.
Earlier still, the Superior Court had mysteriously reassigned our case from the original judge, Kimberly E. Colwell, at a moment when she was emphatically questioning the propriety of UC’s position that the Federal Educational Records Privacy Act precluded the submission of something known as a Vaughn Index — and even disclosure of whether what was being withheld on privacy exemption claims consisted of three pages or 3,000. Judge Brand, who took over, is a UC Berkeley graduate who went on to get his legal degree from Berkeley Law.