DNA records

Q: I am the webmaster of a site tracking the case of a serial rapist/killer. I would like to gain access to the crime files of a local Sheriff's department regarding the killer. The statute of limitations on the rapes committed by this person expired over a decade ago.

There is DNA information in the crime files that has never been released to the public. I believe it could be used to identify the rapist. Since a DNA profile of the rapist exists, I do not think that it is neccessary to withold any information contained in the investigation files. I would like to access the DNA records so I can post any relevant information on my Web site which could generate new leads to reveal the perpetrator's identity.

Any advice would be immeasurably appreciated by myself and the victims.

A: You can make a Public Records Act request for the documents you seek to the Sheriff's department directly, using the forms on the CFAC website. It is quite possible that the Sheriff's Office will assert that the records are exempt from disclosure pursuant to Government Code section 6254 (f), which deals with investigations by law enforcement.

Unfortunately, there are cases that say that investigating agencies can withhold documents even when an investigation is closed. Williams v. Superior Court, 5 Cal. 4th 227 (1993); Rivero v. Superior Court, 54 Cal.App.4th 1048 (1997). It may be possible to argue that, since the voters passed Proposition 59 at the last election, these cases are no longer good law. Your email suggests that even though the old cases may be closed, it may be tied to a current investigation in Orange County. If that is true, the Sheriff's Department may rely upon that as an additional basis for withholding information under exemption (f).
I hope that is helpful.