Janet C. Phelan 

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 The citation of the Kusar case could be seen as paving the way for the police to operate under a mantle of complete secrecy. One could easily project into a not-so-distant future where these two legal citations, in conjunction, could be used to create a modern day “Secret Police.”

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In a startling reversal of an established transparency policy, the Los Angeles Police Department has refused a recent routine records request, citing a 1993 court case, County of Los Angeles v. Superior Court (Kusar).

The Kusar case affirmed the public’s right to view contemporaneous records and the LAPD has cited this case in its refusal to release a record which is only nine months old. Coupled with the restrictions contained in Government Code 6254, which inhibits the disclosure of issues under investigation, the PD has effectively locked down information about any and all police records. 

The specific issue surrounds a request made by this reporter on March 9, 2011 for the report pertinent to the detention of a Los Angeles resident. Jeannie Tanaka was taken into custody on June 10, 2010 upon an allegation that she had violated a Restraining Order. Tanaka was apparently released prior to being booked, after the West Los Angeles  PD discovered that there was no Restraining Order in effect.  More