Allan Favish is a Los Angeles-based attorney whose focus is on General Insurance Defense and Litigation Insurance Coverage/Reinsurance & Bad Faith Litigation. A UCLA graduate, he received his J.D. at Hastings College of Law in 1981.
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1 BLOOD OR LOVE, AND THEREFORE, THAT THE EXPECTABLE INVASION
2 OF THEIR PRIVACY CAUSED BY THE RELEASE OF RECORDS MADE FOR
3 LAW ENFORCEMENT MUST BE BALANCED AGAINST THE PUBLIC PURPOSE
4 TO BE SERVED BY DISCLOSURE."
5 NOW, THEY HAVE IDENTIFIED PREVIOUSLY IN THE
6 OPINION AT PAGE 7946, THE PEOPLE WHO SEEMINGLY ARE WITHIN
7 THE PENUMBRA OF COVERAGE HERE, AND THEY ARE SHEILA FOSTER
8 ANTHONY, THE DECEDENT'S SISTER, HIS MOTHER, HIS CHILDREN,
9 AND HIS WIDOW. NOW, HAVING IN MIND THE PEOPLE TO BE
10 PROTECTED, HAVING IN MIND THE GUIDANCE THAT THE COURT HAS
11 GIVEN US, I THEN MOVE TO PAGE 7948, AND THEY SAY, QUOTE,
12 "WE DO NOT, HOWEVER, HAVE BEFORE US ALL OF THE RELEVANT
13 FACTS. THE OIC REPRESENTS THAT THE TEN WITHHELD
14 PHOTOGRAPHS ARE 'GRAPHIC, EXPLICIT AND EXTREMELY
15 UPSETTING.'"
16 "THAT DESCRIPTION IS NOT TRUE OF THE PHOTO
17 ALREADY PUBLISHED IN TIME AND ON TELEVISION SHOWING A HAND
18 HOLDING A GUN. IT MAY BE TRUE OF THE REMAINING NINE
19 PHOTOS, BUT NO COURT HAS EVER SEEN THEM. THE DISTRICT
20 COURT HAS DISCRETION TO DECIDE UNDER FOIA THE BASIS OF
21 AFFIDAVITS, AND AFFIDAVITS ARE IN SOME CASES SUFFICIENT. IN
22 CAMERA" -- EXCUSE ME -- EXCERPTING. "BUT WHEN THE AGENCY
23 AFFIDAVITS ARE INSUFFICIENTLY DETAILED, IN-CAMERA REVIEW IS
24 APPROPRIATE."
25 BOTTOM LINE, "JUDGE, YOU'VE GOT NINE PHOTOS.
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