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Office of the Inspector Gen. v. Superior Court, C064178

By FindLaw Staff on October 27, 2010 | Last updated on March 21, 2019

Petition for an extraordinary writ and an immediate stay to compel a court to vacate its order compelling production of investigative files regarding Phillip Garrido's parole supervision to various media

Office of the Inspector Gen. v. Superior Court, C064178, concerned the Office of Inspector General's (OIG) petition for an extraordinary writ and an immediate stay to compel the superior court to vacate its order compelling production of OIG's investigative files of the CDR's parole supervision to various media, in a highly publicized case involving Phillip Garrido's alleged kidnapping of a female victim and holding her hostage for 18 years, while repeatedly sexually assaulting her, producing two children.

 

In granting the petition, the court held that, Penal Code section 6131, rather than requiring disclosure as the superior court found, gives the Inspector General complete discretion whether to disclose investigative materials underlying OIG's report.  The court also held that the superior court erred in ordering disclosure or in camera review of OIG's investigative materials as Gov. Code section 6254(f), which exempts from disclosure under CPRA investigative files complied for correctional purposes, is applicable to the underlying investigative materials at issue here.

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